Johnson School
Cornell University

Workers' Compensation

Workers' Compensation provides payment for medical treatment and wages lost as a result of a work-related illness or injury. Faculty and staff, including temporary, student, academic and nonacademic employees who are receiving a Cornell paycheck, are covered by Workers' Compensation.

Workers' Compensation defines a work-related injury as "an accident arising out of and in the course of employment and such diseases or infection as may naturally and unavoidably result there from."

If you experience a work-related illness or injury, you must notify your immediate supervisor within twenty-four (24) hours of the accident. To file a claim for benefits, a Cornell Accident Report, paying particular attention to the nature of the injury, lost work time, and medical treatment administered, must be completed. Once you have completed the form, return it to the Administrative Service Center, 235 Sage Hall.

Some Frequently Asked Questions regarding Workers' Compensation include:

Must I lose time from work to receive benefits?

No. Even when no time is lost, or the lost time is less than the one-week waiting period, you are entitled to coverage for your necessary medical treatment.

How are regular Cornell employees paid for periods of lost time from work?

If you a regular, full- or-part-time employee who loses time from work, you will continue to receive your regular salary during the first thirteen (13) weeks of total temporary disability. During the first five (5) working days of absence, however, your accumulated Sick Leave must be used to cover the "waiting period" designated by State law. If you have no accumulated Sick Leave, you may use Vacation to assure continuation of full salary during this time. If your disability exceeds fourteen (14) calendar days (or ten working days), the Sick Leave or Vacation time used during the first week will be returned to you.

What will I be paid for lost time from work?

The law requires employers to pay two-thirds (2/3rds) of an employee's average weekly wage (up to a weekly maximum) during periods of temporary total disability.

What happens if I am unable to work for more than thirteen (13) weeks?

If you are an endowed employee, you are removed from your department's payroll and your payments assume the Workers' Compensation rate for your level of disability. If you have accumulated Sick Leave, you may supplement your Workers' Compensation benefit by being paid Sick Leave each week until your Sick Leave has been exhausted. Vacation time may also be used to supplement your Workers Compensation benefit if you and your supervisor agree.

What happens to my other Cornell benefits, such as health and life insurance, while I am receiving Workers' Compensation?

There is no change in your benefits as long as you continue to receive a Cornell paycheck.

Do I continue to accrue Vacation and Sick leave?

Your Vacation and Sick leave continue to accrue for twenty (20) calendar days. When a nonacademic employee is on a paid leave other than vacation (e.g., Sick Leave, Short-Term Disability, Workers' Compensation) for more than 20 consecutive calendar days, Vacation and Sick Leave cease to accrue. The 20 consecutive calendar days are counted from the first date of absence.

What happens to my job while I'm on Workers' Compensation?

If you return to full duty within six months you are entitled to your job upon returning to work. Once the six month period has elapsed, your department is no longer required to hold your position.

What do I need to do if my doctor tells me I can return to work?

You must provide the Human Resources Office, 235 Sage, with a note from your doctor releasing you to return to work and resume your normal duties. You will not be allowed to work without a medical release.

For additional information on Workers' Compensation, especially if you are a temporary or student worker (as some of the procedures are slightly different), please stop into the Human Resources Office, 235 Sage Hall, to obtain a copy of the Cornell's Workers' Compensation Program brochure or go directly to the University's link at http://www.ohr.cornell.edu/benefits/programs/disabilityComp.html.

If I am a nonexempt employee, how do I record my time in COLTS?

A nonexempt employee on Worker's Compensation, or his/her designee, will continue to record hours in COLTS for the first thirteen weeks. For example:

• The first five days of the absence should be recorded as Sick Leave, assuming the employee has accrued Sick Leave; otherwise, the time must be taken as Vacation (if the employee has completed one year of service at Cornell) or without pay.
• Beginning on the eighth day of the absence, the employee, whose standard work hours are 39 per week, should record 3.9 hours each day as Short-Term Disability (on the Leave Tab press the Select Button and choose this option), resulting in the employee receiving 50% of his/her base salary. If the employee works less than 39 hours a week, the hours recorded as Short-Term Disability must be prorated as well.

Short-Term Disability may be supplemented by accrued Sick Leave and/or Vacation. If the employee chooses to supplement disability pay, the remaining 3.9 hours each day should be recorded in COLTS as either Sick Leave or Vacation (at the choice of the employee) until the employee returns to work or the balances are expended. If the employee is unable to access COLTS, the Supervisor should assume responsibility for recording and approving time on behalf of the employee.

After thirteen weeks, the employee will automatically receive up to two-thirds their salary directly from Gallagher-Bassett. If you have accrued vacation or sick leave available, the remaining time should be entered into COLTS until the balances are exhausted to supplement the two-thirds pay.

Last Modified: September 20, 2007