As an agency of the State of Alabama, the University of Alabama at Birmingham (“UAB”) is exempt from the State of Alabama worker’s compensation laws. UAB provides, and pays for, the UAB On-the-Job Injury/Illness (“OJI”) Program to cover an employee's medical expenses and lost wages incurred as a result of an on-the-job injury or illness, as outlined below. These medical expenses and lost wages are compensable under the On-the-Job Injury/Illness Program only if the injury/illness meets the definitions in this paragraph. An on-the-job injury is defined as an injury that is sustained in the course of, and arises out of, employment at UAB. An on-the-job illness is defined as an illness or injury caused by the continuous and repeated exposure to hazardous materials documented to be dangerous to humans when the exposure is determined to be excessive or above permissible limits as established by the manufacturer of the material or other credible sources such as UAB’s Department of Environmental Health and Safety. An exposure to a biologic hazard or a communicable disease in an academic, research or clinical setting is considered an on-the-job illness as long as the exposure arose out of and in the course of employment. Alleged work-related stress, anxiety, depression, or other mental illnesses are not covered by OJI unless proximately caused by an on-the-job physical injury to the body. The Department of Human Resources administers the program. Human Resources may contract with a third party (“Administrator”) to administer the benefits under the OJI Program on behalf of UAB. Human Resources and the Administrator have established specific guidelines and procedures for the program. Procedures for reporting an incident and other information regarding the OJI Program are provided in a separate publication that is available by contacting Human Resources and/or accessing the OJI Program webpage. 

All UAB employees in all employment categories are eligible for OJI Program benefits.

Incident Reporting

1. An alleged on-the-job incident/accident must be reported by the employee to the employee's supervisor as soon as possible but no later than two calendar days following the incident/accident or following the onset of the illness or disease. Failure to report an incident/accident within two calendar days of occurrence or within two calendar days of the onset of the illness or disease may result in denial of OJI Program benefits.
2. An employee must submit a written or electronic incident report form to Human Resources within two calendar days of an alleged on-the-job injury/illness. Refer to the Human Resources OJI Program webpage for forms and instructions regarding incident reporting.    Failure to submit the written or electronic incident report form within two calendar days of the incident may result in denial of OJI Program benefits.

3. In the case of injuries resulting from an alleged assault, including alleged sexual assault, the employee’s supervisor must report the injury to the UAB Police and Public Safety Department (“UABPD”). If the assault is sexual in nature, Human Resources and UABPD are required to notify the Title IX Coordinator, and the employee’s leadership shall provide the employee with resources regarding the Title IX Office. Resources related to sexual assault are located by accessing the Title IX webpage.

Medical Treatment

1. Any eligible UAB employee who suffers a compensable on-the-job injury or occupational illness, or disease will be provided medical treatment by health-care providers designated or approved by Human Resources or the Administrator.

2. A Medical Evaluation Referral Form must be completed and must be signed by the employee's supervisor. The Medical Evaluation Referral Form is available on the Human Resources OJI Program webpage.  

The employee must present the signed form to the health-care provider before services will be provided that are to be paid by the OJI Program. An exception is made in the event of a medical emergency requiring immediate treatment. In that event, the employee should be sent immediately to the UAB Hospital Emergency Department. A representative of the employee's department should advise the Emergency Department verbally that the employee was injured in the course of employment at UAB so that billing can be handled properly.

3. UAB and the Administrator have the right to access all relevant medical and other records of employees seeking benefits through the OJI Program. Employees shall sign and deliver such consents, authorizations, or permission as may be requested by the University to obtain such records.

4. Any employee seeking medical treatment for an on-the-job injury or occupational illness or disease must, as a condition to seeking OJI Program benefits, be willing to submit to a post-incident drug test, if requested. The only exceptions are injuries resulting solely from needle-sticks which are handled by the Rapid Response Team through Employee Health Services at UAB Hospital.

5. Incidents/injuries for which other, more specific, response plans are in effect and are documented as Hospital policies (such as needle-sticks) will be treated as specified in Hospital policies.

6. An employee who is injured in the course of employment while away from the UAB campus may seek emergency medical treatment from the nearest health-care provider. The employee must advise the health-care provider that the injury occurred "on the job." The health-care provider may contact UAB Human Resources with questions regarding payment for services rendered. An incident report must be completed as soon as possible following the accident, and all follow-up treatment must be coordinated through Human Resources or the Administrator.

7. Medical treatment under the OJI Program may not be provided if the employee chooses to seek treatment from a provider who has not been approved by Human Resources or by the Administrator.

8. UAB may require the employee to undergo additional tests and examinations, as may be deemed necessary.

Medical Benefits

1. The OJI Program will pay all approved medical expenses, and all directly related transportation expenses, arising out of an on-the-job injury or occupational illness until the employee reaches maximum medical improvement as determined by the physician and agreed to by Human Resources or the Administrator. Mileage costs to and from healthcare and rehabilitation providers shall be paid at the same rate as provided for official state travel.

2. Medical benefits under the OJI Program may not be provided if the employee chooses to seek benefits from a provider who has not been approved by Human Resources or by the Administrator.

Lost Time/Wages

1. The OJI Program will compensate an employee for work time lost in excess of four calendar days as a result of on-the-job injury or illness. Time lost on the day of the injury (Day One) or the day the occupational illness is discovered (Day One) will be paid through the employee's department and should be charged to leave with pay. The next three calendar days (Days Two through Four) are considered a waiting period during which no OJI Program wage benefits will be paid. The employee may elect to use his or her other accrued benefit time (sick leave, vacation time, or personal holiday time) or to take without pay the three days after the day of the injury or onset of the occupational illness. The employee may use accrued benefit time for the time off during the waiting period only for the days the employee had been originally scheduled to work. However, if the employee remains out of work (or on reduced time or lower wages) due to the on-the-job injury/illness for a period of 21 calendar days from the date of the injury, one of the following will occur: (1) benefit time used for the first three days after the day of the incident (Days Two through Four) will be replaced at the same rate and maximum as outlined in item 2 below or (2) if benefit time was not used, the OJI Program will pay the lost wages (at 66 2/3% of the employee's regular rate of pay but subject to the weekly maximum outlined in item 2 below).

2. Beginning with the fourth day after the day of the incident/accident or onset of illness/disease (Day Five), the OJI Program will pay wages at the rate of 66 2/3% of the employee's regular rate of pay. This 66 2/3% wage benefit is subject to a weekly maximum that is adjusted annually. All normal payroll deductions (including taxes, parking fees, credit union withholdings, etc.) will continue.

The following is an example of how the process works:

• Employee reports to work at 7:00 a.m. on Thursday and is injured at 9:00 a.m.
• Employee goes to assigned physician and is advised they may not return to work for two weeks.
• Department should pay employee for a full day on Thursday (leave with pay). The three-calendar day waiting period would be Friday, Saturday, and Sunday. If the employee was originally scheduled to work Saturday and Sunday of the waiting period, the employee may use accrued benefit time for Friday, Saturday, and Sunday; otherwise, the employee could use accrued benefit time only for Friday.
• Employee is eligible for OJI Program wage benefits beginning on Monday.

3. Sick leave and vacation time will continue to accrue while OJI Program benefits are being paid. Employees will be paid for any University holidays occurring during the period of absence at the 66 2/3 rate.

4. Employees may use eligible accrued sick leave, vacation time, or personal holiday time in addition to the OJI Prgoram benefit of 66 2/3% of regular pay (subject to the maximum wage benefit described above) to result in earnings equal to the employee's regular rate of pay. The sick leave, vacation time, or personal holiday time used as a supplement to equal regular pay may exceed 33 1/3% of the employee's regular rate of pay if the employee's 66 2/3% OJI Program wage benefit is capped by the weekly maximum described in item 2 above. No combination of the OJI Program wage benefit plus supplemental time may exceed 100% of the employee's regular rate of pay.

5. The employee must notify their department of the request for OJI Program benefits and of their desire to use eligible accrued time as a supplement. The employee is responsible for keeping the immediate supervisor or department/unit head apprised of their status and projected date for return to work. The department/unit is responsible for submitting time sheets to Human Resources for processing. If lost time resulting from an on-the-job injury or illness exceeds two calendar weeks, the employee will be placed on Family and Medical Leave (if eligible) retroactive to the date of the injury or the reporting of the illness. Family and Medical Leave and OJI Program Leave will run concurrently and will not "stack" one after the other.

6. OJI Program lost wages benefits are payable for a maximum of 180 calendar days from the date of the initial injury or the first written report of the occupational illness/disease. Lost wages benefits will cease at the end of the 180-day period or when an employee has been released to return to full duty by the assigned physician, whichever is earlier. The 180-day maximum benefit period is initiated from the date of the injury or the date the occupational illness/disease is first reported in writing, regardless of the date medical treatment is sought.

7. A return to work certified by the treating physician is required before the employee may resume job duties.

8. An employee who terminates employment (voluntarily or otherwise) is not eligible for lost wages benefits following their UAB employment termination date.

9. If an employee is not able to return to work within the 180-day period, application may be made for benefits under the UAB Long-term Disability Insurance Program. It is the sole responsibility of the employee to determine the estimated length of disability and to make application for benefits in a timely manner. For continuation of employee benefits under the Long-Term Disability Insurance Program (LTD), refer to the LTD policy. Failure to apply for long-term disability benefits at least 45 days prior to the anticipated need for payment may delay payment of benefits.

An employee unable to return to full duty, or to modified duty if it can be accommodated, within 180 calendar days from the date of the injury or the date the illness is reported may be discharged from employment.

Compensation for commissioned law enforcement officers injured in the line of duty

UAB will recognize Alabama Code Section § 36-21-13 in determining the OJI benefits for a commissioned law enforcement officer. When necessary, the University will establish an injury review board as required by this Section.

This section applies to any University commissioned law enforcement officer  who is injured while on duty for UABPD and while the officer was (1) actively defending persons or property in the line of duty or (2)  who is in conflict, pursuit, or observation of an actual or suspected offender, and whose injury arose from and is directly related to such activities and is not the result of the officer’s willful conduct. In such cases, the officer will be paid lost wage benefits at 100% of the officer’s base rate of compensation throughout the officer’s recovery period.

An officer expected to be off work more than 180 days may apply for Long-Term Disability (LTD) benefits at least forty-five (45) days in advance of the 180th day of injury. If approved, LTD benefits will be supplemented to continue the officer’s pay at the base rate of compensation and the officer must comply with the LTD Program guidelines. In no event shall an officer receive in excess of 100% of their base rate of pay for any injury pursuant to this provision. Compensation pursuant to this paragraph shall cease immediately upon the occurrence of either 1) the officer being returned to full duty; 2) termination of LTD benefits; or 3) failure to comply with OJI/LTD guidelines.

UAB retains the sole authority to determine whether an officer’s injuries qualify for the benefits described under this provision and may deny and/or terminate benefits if additional information or a change of circumstances indicate that benefits under this paragraph are no longer justified.

Compensation under this provision is subject to the rules of the OJI Program as stated in this policy. Non-compliance with any of the requirements of the OJI Program may result in denial or termination of all OJI benefits.

Permanent Disability

When determining compensation for permanent partial disability for loss to a bodily member, the formula in the Alabama Worker’s Compensation statute will be used. For other permanent injuries, the statutory formula will be used except that disability is based on physical impairment established by medical evidence (not loss of earning capacity). For permanent total disability, the Worker’s Compensation Act provisions will be used as a guide for determining eligibility for an amount of benefit, except that physical impairment will be used as a test

UAB may offset Long Term Disability salary continuation benefits, Social Security, or Teachers Retirement disability benefits, and/or Accidental Death & Dismemberment benefits (if premiums paid solely by UAB). If an employee returns to work, UAB may adjust disability benefits paid.

Additional Information

1. Benefits shall not apply in the following cases:

• An injury or death caused by the willful misconduct of the employee.
• An injury resulting from intentional injury (including death) or injury incurred while intentionally harming another.
• Injury arising out of an employee’s willful failure or willful refusal to use safety appliances provided by UAB.

2. OJI Program benefits may be restricted or denied if the employee is injured while engaged in activity that is illegal or in clear violation of University policy.

3. Abuse, fraud, or misrepresentation of facts in connection with the OJI Program not only will jeopardize an employee's eligibility for benefits but also will subject the employee to disciplinary action up to, and including, discharge from employment. Human Resources may assign a case manager to an employee who has incurred an OJI. Failure to keep scheduled appointments, follow the instructions of the case manager or physician with regard to appropriate rehabilitation or failure to follow any treatment directive of any health provider, including but not limited to failure to cooperate with reasonable transitional work programs approved by the physician, may result in denial of OJI Program benefits.  The employee must follow the directions of the University approved healthcare providers with regard to treatment and physical limitations. Failure to comply may result in denial of benefits.
4. Authority is granted to Human Resources to establish guidelines for the administration of claims; to hire, coordinate, or terminate the services of a third-party administrator; to designate providers of health-care services to employees who incur on-the-job injuries or illnesses; and to otherwise administer the OJI Program.
5. An employee may contact the Administrator and/or the Director of Human Resources Talent Relations if they have questions or concerns about their OJI claim.
6. An employee may challenge decisions made relating to their OJI Program benefits by filing a claim with the Alabama Board of Adjustment.

Termination of OJI Benefits

UAB may terminate OJI benefits when:

• The employee is released from the care of the designated attending physician.
• The employee willfully fails to abide by physician’s physical activity limitations or rehabilitation directions.
• The employee willfully misrepresents their physical abilities while under medical restrictions.

Once an employee is released from care, OJI benefits for further medical care are predicated on prior approval from the Administrator, plus physician certification that treatment is related to the original injury or illness. Any need for absence from work must also be certified by the physician.

Death Benefit

Benefits are paid if death occurs within 365 days of the OJI and the death is directly attributable to the injury or illness. For one dependent, the benefit amount is 50% of the employee’s current rate of pay x 500, reduced to present value. For two or more dependents, the benefit is 66 2/3% of the employee’s current rate x 500, reduced to present value (subject to Alabama Department of Industrial Relations maximum). Payment is made in a lump sum to the surviving spouse. If dependents but no spouse survive, payment is made in equal shares to dependents.

UAB may offset the benefits due by the amount received under the employee’s life insurance and AD&D insurance policies to extent that the premiums for such insurance were paid by UAB. Additionally, previous payments made under the terms of this Policy as compensation for the injury may offset the death benefits due.

Subrogation Rights  

As a condition of participating in the OJI Program and receiving benefits pursuit to this policy, participants acknowledge and agree that in the event of an OJI: 1) UAB retains the right to pursue any course of action, including but not limited to initiating or joining litigation against any third party responsible for the injury or illness to the employee, necessary to recover, in full, any  and all OJI Program benefits, payments, and costs; and, 2) if the injured/ill employee, or in case of death, his or her dependents, recovers any damages, award, compensation or other payment from a third party for an on-the-job injury or work related illness, to reimburse UAB for any and all OJI Program benefits, payments, and costs, to the full extent of such payments.