• Seton Hall University
• Policies and Procedures

Purpose

This Policy provides guidance to employees who sustain a work-related injury or illness and establishes the procedures to be used to process claims for workers’ compensation (“WC”) insurance benefits.

Scope

This policy applies to all University employees.

Definitions

1. Medical Emergency. A medical emergency is an occupational injury or illness that poses an immediate threat to the employee’s life or health that requires the intervention of a doctor or hospital trauma care unit.
   
   
2. Workplace Injury or Illness. A workplace injury or illness is any occupational injury or illness sustained by an employee as a direct result of the employee performing services for the University for remuneration.

Policy

Eligible University employees, who sustain a workplace injury or illness, are provided medical evaluation and treatment, and wage replacement insurance benefits, during an approved absence from work, through the University’s workers’ compensation insurance benefits carrier (the “WC Carrier”).

1. 1. Eligibility Requirements for Workers’ Compensation Insurance Benefits.
      
      Under the New Jersey Workers Compensation program, eligible employees are compensated for absences due to work-related injuries/illnesses after the time lost from the workplace is more than seven (7) days (including weekends and holidays). The seven (7) days need not be consecutive; intermittent time can be counted towards fulfilling the requirement.
      
      Eligible employees who have satisfied the seven (7) day waiting period and the procedural requirements below may be approved by the WC Carrier for WC insurance benefits in an amount equivalent to seventy percent (70%) of the employee’s gross weekly wages for lost time up to a maximum rate established by the New Jersey Commissioner of Labor. In appropriate cases, permanent partial benefits, permanent total benefits and death benefits may be awarded.
      
      The WC Carrier reviews all claims and is solely responsible for approval, or denial, of a claim based on information provided by the employee’s attending WC physician or WC healthcare provider and other relevant information.
      
      Senior Visiting and Visiting Fellows, as well as Visiting Professors, are employees of their home institution and are not Seton Hall University employees for purposes of this Policy, and therefore, are ineligible for WC insurance benefits from the University. These individuals must apply to their home institution or university for those benefits.
      
      Likewise, volunteers and independent contractors are not Seton Hall University employees for purposes of this Policy, and therefore, are ineligible for WC insurance benefits from the University.
      
      Employees who sustain an injury while on jury duty are ineligible for WC insurance benefits, but may be entitled to benefits under the University’s Temporary Disability Benefits policy.

   2. Initial Reporting. When a workplace injury or illness occurs as a direct result of an employee’s job assignment, the employee (or a co-worker if the injured employee is unable) should notify the direct supervisor immediately. Depending on the circumstances, the Department of Public Safety should also be notified. The injured employee should obtain first aid or other necessary medical treatment as soon as possible. The supervisor must immediately report the incident to the Department of Human Resources by calling ext. 9177 or 973-761-9177, so a claim can be filed with the WC Carrier.
      
      If a workplace injury or illness occurs outside the normal working hours of 8:45 a.m. to 4:45 p.m. or on a weekend or University holiday, the Department of Public Safety should be notified immediately. A voice mail message should be left for the Department of Human Resources by calling ext. 9177 or 973-761-9177, or by emailing [email protected], with details of the incident and a contact number, or the incident should be reported on the next work day to the Department of Human Resources.

   3. Immediate Care. In the event of a Medical Emergency, employees (or their co-workers or supervisors) should call 9-1-1 and the Department of Public Safety at ext. 9300. Public Safety Officers will evaluate and determine the appropriate course of action.
      In the event of a less serious workplace injury or illness, employees should immediately seek treatment at the nearest emergency room location:

      • Employees located at the South Orange campus - go to Saint Barnabas Medical Center, 94 Old Short Hills Road, Livingston
        
        
      • Employees located at the Law School campus - go to Saint Michael’s Medical Center, 111 Central Avenue, Newark
        
        
      • Employees who seek treatment at any location other than those indicated above, should advise the medical provider that all bills should be sent directly to the Carrier for payment.
        
        

      After the emergency room visit, immediately report the incident to the Department of Human Resources at ext. 9177 or 973-761-9177, if it has not already been reported.

   4. Continued Communication with the Department of Human Resources
      Employees who are away from the workplace as a result of a workplace injury or illness are responsible for communicating with the Department of Human Resources regarding their continued status. In this regard, employees should contact the Department of Human Resources at 973-761-9177 immediately after a visit to the physician, to update the Department of Human Resources about their health status and provide information about their expected return to work date. Employees must keep the Department of Human Resources informed of any change in health, return-to-work status and/or treatment plan to ensure proper wage-replacement insurance benefits continuation.

   5. Billing. Please include the date of injury, name of employer - Seton Hall University - and the policy number on all bills.

      The University’s WC Carrier is:

      Travelers
      P.O. Box 4614
      Buffalo, NY 14240

   6. Appeals. If a dispute arises between the employee and the WC Carrier over the availability, type or amount of benefits, the employee should file a formal Claim Petition or an Application for an Informal Hearing with the New Jersey Division of Workers Compensation (DWC), the agency responsible for resolving such disputes. More information can be found on the DWC’s website at: http://lwd.dol.state.nj.us/labor/wc/workers/workers_index.html.

   7. Return to Work. 

      When the authorized treating physician certifies that maximum medical recovery has been reached in the treatment of a workplace injury or illness – meaning no further medical improvement can be expected-- at that time, no further WC insurance benefits (including medical treatment) will be paid, and the employee, if medically cleared to return to work, must report back to work on the next workday. Failure to report to work on the next workday after being medically cleared to return may result in disciplinary action up to and including termination of employment. 

      An employee released by the healthcare provider to return to work, either with or without restrictions, must contact the Department of Human Resources as soon as the information becomes known by the employee. The Department of Human Resources will inform the employee’s supervisor of the employee’s anticipated return to work date. If the employee does not return to work on the date anticipated by the University, the employee must follow normal call out procedures and supply medical documentation supporting the employee’s need for a continued absence by fax or by scanning and emailing same to the Department of Human Resources within two (2) days of the return-to-work date. Failure to return to work as anticipated, follow normal call out procedures or to provide medical documentation within two (2) days following the inability of the employee to return to work on the anticipated date will lead to termination of employment, unless the employee is prevented from doing so by reason of extreme emergency.

      Employees must report to the Department of Human Resources on the first day of their return to work with a note from the doctor attesting to full clearance to return to work without restrictions.

   8. Return to Work with Reasonable Accommodations or in a Modified Duty, Temporary Position

      An employee who is absent from work because of a workplace injury or illness may request to return to work in lieu of receiving the workers’ compensation insurance benefits otherwise then available under this policy under the following circumstances:

      1. The employee can perform the essential functions of the employee’s job with reasonable accommodations. The employee must adhere to the requirements of the University’s Policy on Reasonable Accommodations for Employees with Disabilities.
         
         
      2. An employee (a) who cannot perform the essential functions of the employee’s job with or without reasonable accommodations and (b) whose disabilities are temporary, may request a modified duty temporary position in accordance with the University’s Policy on Reasonable Accommodations for Employees with Disabilities. The University will determine the duration of any temporary position offered on a case-by-case basis. The University may require that a request for a modified duty temporary position be supported by a certification from the employee’s healthcare provider that the employee is able to perform all of the duties of the temporary position. The University retains complete discretion over whether to offer the employee a modified duty temporary position and when to terminate the position.
         
         

      If an employee is offered a modified duty assignment, the employee must be available to begin work on the date the position is established.

      In accordance with Faculty Guide, Article 6.3(b)(3), faculty members must work with their deans and chairs upon the return to work and assigned alternate duties if teaching duties are not resumed.

      *Bargaining unit employees should consult their applicable collective bargaining agreement as it relates to this provision.

   9. Prohibited Conduct.

      An employee who, in connection with a claim for WC insurance benefits, makes a false or misleading statement, representation or submission concerning any fact that is material to that claim for the purpose of wrongfully obtaining the benefits, will be subject to immediate termination of employment, in addition to all other remedies available to the University and the WC Carrier under law.

   10. Employment Status and Other Benefits

       • Vacation and sick time does not accrue when an employee is not actively at work.
         
         
       • Employees may be eligible to collect workers’ compensation insurance benefits during an approved leave under the federal Family and Medical Leave Act (“FMLA”), as applicable.
         
         
       • Retaliation against employees who requested or received workers’ compensation insurance benefits is prohibited.

IMPORTANT DISCLAIMER: This Policy does not create a contract of employment or alter the at-will employment relationship between the University and its employees. Nothing contained in this Policy shall limit the right of either the University or the employee to terminate the employment relationship at any time, with or without cause.

Related Policies

Family Medical Leaves
Employee Handbook
Faculty Guide

Responsible Office

Department of Human Resources

Approval

Approved by A. Gabriel Esteban, President, on the recommendation of the Executive Cabinet on April 22, 2016. Amended and approved by Monsignor Joseph R. Reilly, S.T.L., Ph.D., President, on the recommendation of the Executive Cabinet, on October 14, 2026.

Effective Date

April 22, 2016. First Amended: October 14, 2026.