Understanding Workman's Compensation
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In the Commonwealth of Pennsylvania, the Workman's Compensation process is regulated and enforced under the provisions of the Pennsylvania Workman's Compensation Act. Under this law, you have 120 days from the date of injury to notify your employer of your work injury. However, the Office of Human Resources strongly encourages you to file the Report as soon as possible. The state's no-fault compensation law is intended to guarantee prompt, automatic benefits to employees who sustain an injury or illness as a result of their employment. Keep in mind that the injury (a) must have occurred in the workplace during the course of the workday and (2) resulted originated from a sanctioned/ permitted workplace duty. Injuries that may have occured on school groups but outside the employee's working hours, due to an unsanctioned activity not part of one's job responsibilities, or stemming from pre-existing conditions risked being denied.
The Office of Human Resources does not evaluate Workman's Compensation claims; rather the Southern Lehigh School District is part of the School District Insurance Consortium program (SDIC), which is responsible for coordinating and managing claims on behalf of Southern Lehigh SD. If you have a workplace injury, please follow the pertinent steps for each section even if you elect not to file a Workman's Compensation claim at this time. Finally, remember that insurance fraud is a felony punishable by jail time; anyone who knowingly makes or aids in the filing of a false or fraudulent claim for the purpose of obtaining or denying workers' compensation benefits or payments may be found guilty of a felony. In addition to civil and criminal penalties, insurance fraud is subject to disciplinary action up to and including termination.
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Reporting an Injury & Filing a Workman's Compensation Claim
REPORTING AN INJURY (Required)
If you suffer a work-related injury, your health and well-being are a top priority. Thus, in the case of a medical emergency, do not hesitate to contact 9-1-1. Time is a critical factor when experiencing a life-threatening emergency.
For (non-emergency) injuries, you will need to first report your injury to your building supervisor by completing the Worker's Compensation Report, which can be downloaded as a fillable Adobe Acrobat (*.pdf) file by clicking HERE. (The Form can also be found in the Alio Employee Portal, which you can access by clicking HERE.) Once completed, your supervisor will need to submit the form to the Office of Human Resources either via email (hr@slsd.org), fax (610. 922.1605), or in person at our physical office location.
FILING A CLAIM (Optional)
The Pennsylvania Workman's Compensation Act allows an employee a maximum of three (3) years from the date of injury to file a claim. If you elect to proceed with filing a claim, you will need to contact the School Districts Insurance Consortium (SDIC), which will manage the claims process on our behalf. You can contact SDIC either via phone (800.445.6965) or their website, which you can access by clicking HERE. Once on the website, you will be asked to provide additional information related to your injury. Click the option titled REPORT A CLAIM and you will be asked to provide additional information relating to your case and assigned a Claims Coordinator. Note that you still need to complete the aforementioned Worker's Compensation Report. (That Report is designed to verify your injury by the employer whereas the SDIC claim form(s) are designed to better understand the nature of your injury.)
The following graphic summarizes the injury reporting/ claim filing process:
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Navigating the Claims & Recovery Process
IMPORTANT DEADLINES
Once you have initiated a claim with SDIC, you should take note of the following deadlines. Note that all deadlines are referenced from the initial date the claim is filed:
FIRST 21 DAYS: Once you have filed your claim form(s) with SDIC, the carrier will inform you whether your claim has been approved or denied.
FIRST 90 DAYS: Within the first 90 days of the injury, the employer (vis-a-vis SDIC), can elect to have you seen by a licensed healthcare provider of its own choosing. However, after 90 days, if the employer (vis-a-vis SDIC) opts not to exercise this option, you may choose to see a licensed healthcare provider of your choosing.
You have a right to challenge SDIC's denial of your claim. If you choose to exercise this right, you will need to follow strict procedures to ensure your case receives proper review. You can find a more comprehensive overview of this process from the initial filing, appeals, and litigation by clicking HERE.
ADHERING TO REQUIREMENTS
If your claim is deemed to be credible (i.e., approved) by SDIC, either the Southern Lehigh SD or SDIC will pay for reasonable surgical and medical services, supplies, and medical devices you might need to aid in your recovery. It is important to note that even approved claimants need to adhere to deadlines provided to you by the SDIC or an approved healthcare provider. Failure to meet the SDIC's or healthcare provider's deadlines can result in the automatic termination of benefits and/or closing of your claim. Keep in mind that you are still subject to the Southern Lehigh SD's sick leave/ absence policies when scheduling appointments with your designated healthcare provider. Failure to comply with district policy can result in disciplinary action up to an including termination.
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Return to Employment (RTE) Information
As noted in the previous section(s), you will need to have a formal medical evaluation conducted by a licensed healthcare professional who will determine (a) if and/or when you can return to work and (b) what restrictions, if any, would need to be considered when returning to work. To that end, your healthcare provider may elect one of the following three (3) options:
- RELEASED TO FULL DUTY: This means that your healthcare professional has determined that your workplace injury will not affect your ability to perform your job responsibilities. In this case, you are required to return to work normally with immediate effect.
- RELEASED WITH RESTRICTIONS: This means that your healthcare professional has determined that your workplace injury may negatively impact your ability to perform one of more of your job responsibilities. In this case, your healthcare provider will specify the nature of the injury and the length of time for restriction(s). Additionally, you will need to complete an Americans with Disabilities Act (ADA) Form, which you can download as a fillable Adobe Acrobat (*.pdf) file by clicking HERE, to secure the appropriate workplace accommodations.
- UNABLE TO RELEASE TO WORK: This means that your healthcare provider has determined that your workplace injury will severely and negatively impact your ability to perform many, if not all, of your job responsibilities and perhaps be even exacerbated by performing your job duties.
If you are RELEASED WITH RESTRICTIONS or UNABLE TO RELEASE TO WORK, you must continue to receive medical treatment and/or follow-up care until your healthcare provider approves you to be RELEASED TO FULL DUTY. Note that there may be instances in which the Southern Lehigh SD must hire a temporary (substitute) employee to perform all or part of your duties if you cannot perform some (RELEASED WITH RESTRICTIONS) or all (UNABLE TO RELEASE TO WORK) of your job responsibilities. If this is the case, you will receive temporary total disability benefits through Southern Lehigh SD and/or SDIC during this period (i.e., no loss of compensation). Additionally, your position will be held for you upon your return.
Understanding Unemployment Compensation
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The Pennsylvania Unemployment Compensation (UC) program provides temporary financial assistance to eligible workers who are unemployed through no fault of their own. Examples of qualifying unemployment events include layoffs/ Reduction-in-Force (RiF), closures due to a natural disaster, or seasonal workers. Please note, however, that barring exceptional cases, terminations due to performance and/or disciplinary actions do not qualify for unemployment compensation. (The same applies to Separation Agreements.) Likewise, employees who voluntarily leave employment are not eligible for unemployment compensation.
Unlike Workman's Compensation claims, the Southern Lehigh SD does not use a third-party service for employees to submit UC claims; all UC claims are managed exclusively by the Pennsylvania Office of Unemployment Compensation. If you believe you are eligible for unemployment compensation, please follow the pertinent steps for each section. Although the Southern Lehigh SD does not directly handle these claims, the Office of Unemployment Compensation will contact the Office of Human Resources to ensure accuracy of the claim. Finally, remember that insurance fraud is a felony punishable by jail time; anyone who knowingly makes or aids in the filing of a false or fraudulent claim to obtain or deny unemployment compensation benefits or payments may be found guilty of a felony. In addition to civil and criminal penalties, you risk becoming permanently ineligible for unemployment compensation.
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UC Eligibility Criteria
To be eligible for UC benefits in Pennsylvania, you must meet all the criteria in BLUE:
You must be unemployed through no fault of your own.
Remember, your loss of employment cannot be the result of poor performance or disciplinary reasons. Starting Spring 2024, all Southern Lehigh SD will receive notification, in accordance with their respective employment agreements, notification regarding their employment status (e.g., Temporary Assignment Letter, Letter of Reasonable Assurance, or Notice of the Reduction-in-Force); only the latter qualifies as no-fault unemployment. Moreover, 10-month employees who may have acquired additional summer work (e.g., summer school, additional shifts) are not guaranteed summer employment every year and, therefore, do not qualify for no-fault unemployment.
You must be able to work and available for work.
If you are disabled and cannot work, you must first follow Southern Lehigh SD policies and procedures before pursuing a UC clam. This includes, but is not limited to Family & Medical Leave Act (FMLA) approved leave; the exhaustion of all available leave per District Policy #336, #436, and #536; and short-term disability, for which you would receive benefits for a maximum period of three (3) years. After you have exhausted all Southern Lehigh SD options, you can then apply for UC benefits. If you have a disability that prevents you from working altogether, you should consider applying for Social Security Disability Insurance (SSDI); more information about that program can be found on the Social Security Administration's website, which you can access by clicking HERE.
You must have earned enough wages in your base year (the first four of the last five completed calendar quarters before your unemployment began).
This is a applicant-specific calculation made by the Office of Unemployment Compensation, which takes into account your earnings and, by extension, UC contributions made during the base year. If you are applying for UC benefits and have been employed by the Southern Lehigh SD for less than one base year, your specific calculation will reflect your Southern Lehigh SD and other prior employment. Note that there is a base minimum wage per quarter (three-month period of employment) required for UC benefits eligibility; you can read more about those requirements by reviewing the Pennsylvania Unemployment Compensation Handbook, which you can access by clicking HERE.
You must be registered with PA CareerLink.
All UC benefits applicants must register with PA CareerLink, which is a collaborative website managed by the Pennsylvania Department of Labor & Industry and is designed to bring together employers, prospective employees, and other government agencies to assist in the job search process. Registrants have access to resources including, but not limited to, job search assistance, resume and cover letter writing workshops, developing interviewing skills, and skills/ training programs. You can access the PA CareerLink website by clicking HERE.
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Filing Initial & Weekly Claims
FILING AN INITIAL CLAIM
If you believe you meet all the four aforementioned eligibility criteria, you must file an initial claim application, which you can do either online by visiting the Pennsylvania Unemployment Compensation System (PUCS) website, which can be accessed by clicking HERE or via phone (TTD: 888.313.7284). You will need to have some critical personal identifying information on hand (e.g., SSN, home address, personal email address) as well as that relating to your employment [e.g., first/ last day worked, reason(s) for leaving]. You can find a required information checklist published by the Office of Unemployment Compensation by clicking HERE.
FILING FOLLOW-UP CLAIMS
After you have filed your initial application for UC benefits, you must file a certification for each week in which you are totally or partially unemployed. For your reference, a UC claims week begins on a Sunday and ends on a Saturday. This weekly certification is designed to ensure that you are not only eligible to receive weekly benefits but also actively searching for a new position. As with the initial claim, you can file your certification via the PUCS website or via phone using the PA Teleclaims automated system (TTD: 888.255.4728); keep in mind that you must file your claim Monday-Friday between 6:00a.m. and 11:00p.m. or on Sundays from 6:00a.m. and 9:00p.m.
CLAIMS PAYMENT
For more expedient payment, you should provide your banking institution's direct deposit information; if not, you will need to wait until you receive a paper check in the mail. If you are eligible for benefits, you should receive your first benefit payment within four (4) weeks after the effective date of your application, provided you file your biweekly claims on time.
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Reporting Fraudulent Claims
UC benefits fraud is a serious problem in Pennsylvania and the state government is committed to persecuting those engaged in UC benefits fraud to the maximum extent of the law. In addition to the repayment of funds, those convicted of UC benefits fraud risk fines up to $1,000 for each false statement and imprisonment for up to 30 days for each false statement.
If you believe you are a victim of UC benefits fraud, such as having a fraudulent claim filed unknowingly on your behalf, our office can help you fight it. The Southern Lehigh SD retains the services of a third-party known as Interstate Tax Service (ITS), which represents us and/or our employees in all UC benefits-related legal matters. If you believe you are a victim of UC benefits fraud, immediately contact our office and we will contact an ITS agent to assist you with your case. You can learn more about what is required to fight a fraudulent UC benefits claim by visiting the website, which you can access by clicking HERE.