WORKERS’ COMPENSATION WHAT IT IS; WHAT IT ISN’T; AND BEST MANAGEMENT PRACTICES

1. WORKERS’ COMPENSATIONWHAT IT IS; WHAT IT ISN’T; AND BEST MANAGEMENT PRACTICES IASPA January 26, 2018 Presented by Barbara Erickson and Chris Hoffmann of Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP

2. WHAT IT IS • Illinois Workers’ Compensation Act; 820 ILCS 305/1, et.seq • Illinois Workers’ Compensation Commission • General Overview • What it Governs • Who it Governs • What it Provides

3. WHAT IT IS • System of Benefits • Medical Benefits • Temporary Total Disability (TTD) • Temporary Partial Disability (TPD) • Vocational Rehabilitation/Maintenance • Permanent Partial Disability (PPD) • Permanent Total Disability (PTD) • Death/Survivors Benefits

4. WHAT IT IS • Medical Benefits • What Types of Medical Benefits are Covered? • Who Pays for Medical Care? • Can Employee Choose a Provider?

5. WHAT IT IS • Total Temporary Disability (TTD) • How Benefit is Calculated • How Benefit is Paid • 3 Day Rule • 14 Day Rule • Maximum Benefit?

6. WHAT IT IS • Temporary Partial Disability (TPD) • How Benefit is Calculated • How Benefit is Paid

7. WHAT IT IS • Permanent Partial Disability • Permanent Total Disability • Vocational Rehabilitations

8. WHAT IT ISN’T • Workers’ Compensation is not a Leave of Absence Policy • Coordinating Workers’ Compensation With Leave of Absence • Paid Leave • Sick Leave • Personal Leave • Vacation Leave • Family and Medical Leave Act • Total and Temporary Disability Policy • Americans With Disabilities Act

9. BEST MANAGEMENT PRACTICE • Process For Filing a Claim With the Employer • Policy • Procedure • Contract • Law • Workers’ Compensation Carrier/TPA • Role of Carrier/TPA • Role of Employer • Role of Employee

10. BEST MANAGEMENT PRACTICE • Investigation of Incident • Immediate and Continued Monitoring of Claim • Documentation • Communication With Employee • Coordinating Existing Leave • Documentation • Coordinating Discipline Policy/Procedures • Employee Benefit Issues • Health Insurance • Seniority • Pension • Return to Work Issues

11. Hypotheticals • Becky Bender, a one-on-one Aide, has been absent from work for the past three days – using her available sick leave. She has called in each day claiming to have injured her back helping her student. She claims she went to her doctor and he is telling her she needs to be off work for an extended, but unknown duration. What do you do?

12. Hypotheticals • All of the Following • Contact Work Comp Carrier and report claim • Complete necessary paperwork to report claim • Interview employee to find out what happened • Apply Leave of Absence Policies • Sick Leave • Possibly the Following • FMLA • IMRF • Benefits • Not the Following • Terminate Employment (at least not yet) • Harass/Blame employee • Tell Unnecessary People

13. Hypotheticals • Harvey Havock, a tenured teacher, calls his Principal claiming that he fell off of his chair in class yesterday while attempting to demonstrate to his classroom how penguins jump into the sea from rocks. He claims that his knee is swollen and he also hurt his shoulder. He is concerned because he is in the pipeline for retirement and doesn’t want to miss work. What do you do?

14. Hypotheticals • All of the Following • Contact Work Comp Carrier and report claim • Complete necessary paperwork to report claim • Interview employee to find out what happened • Apply Leave of Absence Policies • Sick Leave • Possibly the Following • FMLA • TRS • Benefits • Not the Following • Terminate Employment (at least not yet) • Harass/Blame employee • Tell Unnecessary People

15. Web Resources • Illinois Workers’ Compensation Commission, https://www2.illinois.gov/sites/iwcc/Pages/default.aspx • Department of Labor, https://www.dol.gov/ • Illinois Workers’ Compensation Act, http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820%C3%A2%E2%82%AC%C2%A0ILCS%C3%A2%E2%82%AC%C2%A0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.

16. Thank you! Questions?