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ABOUT SULAIR > HUMAN RESOURCES > POLICIES/PROCEDURES

SULAIR Human Resources

Stanford Risk Management Memorandum

DATE: November 19, 2004

TO: Deans, Administrators, Associate Deans, Staff Affairs Officers

FROM: Director of Risk Management: Phone 3-4554; Fax 3-9456

RE: POLICIES AND GUIDELINES FOR STUDENT INJURIES, WORKERS COMPENSATION and LIABILITY ISSUES

A. GENERAL POLICIES

The overall policies for dealing with work-related injuries are fully described in Administrative Guide Memo 22.6 (Disability Leave), Guide Memo 25.6 (Accident and Incident Reporting) and Guide Memo 22.7 (Disability Benefit Plans).

B. SPECIFIC POLICIES RELATED TO STUDENTS

  1. In the event of an injury, prompt medical care will be the first priority. See Vaden Student Health Center website for instructions regarding student injuries. Vaden Student Health Center does not provide medical care for work related injuries. For student employee injuries, unless you have previously pre-designated your personal physician (in writing), all medical care for the first 30 days of treatment must be obtained from the Sequoia Occupational Health, 454 Forest Avenue, Palo Alto, CA 94301, (650) 566-0288 or 633 Veterans Blvd., Redwood City, (650) 364-1565. For life threatening emergencies, Acute Care Center within the Emergency Room at Stanford Hospital and Clinics (650) 723-5111.
  2. An SU-17 (Accident/Incident/Exposure) Report Form must be completed for all injuries which require medical care. This form is used for all which require medical care, e.g., students, employees, contractors, vendors, public, guests, etc. Follow the forms instructions and submit to Risk Management for distribution to Environmental Health & Safety, and Zurich Claim (Workers Compensation Administrator) if applicable. Stanford and Zurich have 30 day medical control to direct where an employee seeks medical treatment, unless employee has a pre-designated form signed by their physician.
  3. Students should report all injuries to the department supervisor and/or the department manager who will determine employment status. If the department needs assistance in determining if the student is an employee, they should contact the appropriate Staff Affairs Officer. If they are uncertain, they should confer with the Payroll Department and/or Risk Management Office (3-7400) for guidance. If the student is determined to be an employee, the department will promptly file the necessary reports to the claim process by completing, the DWC-1 (State of California Employees Claim for Workers Compensation Benefits), a 5020 (State of California Employers Report of Occupational Injury or Illness) and SU-17 (Stanford University Form 17-Accident/Incident/ Exposure Report) and then forward them to Risk Management at 651 Serra St., Mail Code: 6207.
  4. The Risk Management Office will not initiate direct communication with students or provide them with instruction concerning their injuries until a department representative has confirmed to Risk Management that the injury is employment related and/or a potential liability claim has occurred. Therefore, it is essential that department Representatives respond promptly to students inquiries regarding issues dealing with medical services, payment of medical bills, safety and health concerns, etc. The representatives should seek counsel from Risk Management (3-7400), Environmental Health & Safety (3-7403), Human Relations (5-2408) or the Legal Office (3-9611) when appropriate.

C. EMPLOYMENT STATUS OF STUDENT

Students who are injured while not in the course and scope of Stanford employment are not employees and are not covered by Workers Compensation insurance. Do not submit Workers Compensation claims for students (including teaching assistants or research assistants who are injured in their academic\research).

However student employees are those who are employee in an activity unrelated to his/her academic/research program. These individuals are eligible for Workers Compensation benefits if the injury arises out of and in the course of such employment.

The following examples may help clarify the issue.

  1. Students may be eligible for Workers Compensation benefits if injured in the following employment situations if they are unrelated to academic/research programs.

    Facilities (O&M)
    Housing & Dining
    Office Assistant
    Library Assistant
    Courier
    Usher at Public Events

  2. Students are not eligible for Workers Compensation benefits if injured in the following types of situations related to his/her academic/research programs.

    Class Rooms/Teaching
    Field Trips
    Laboratories/Research
    Travel (Research sites, concerts, games, etc.)
    Needle sticks or exposure to diseases such as hepatitis, tuberculosis, HIV, etc.
    Contact with poison oak, parasites, etc.

  3. Student athletic injuries are not covered by Workers Compensation

D. LIABILITY INSURANCE - Students, Employees, Visiting Scholars, Visitors and Others.

Refer to Guide Memo 28.5 - Section 4 Liability Insurance regarding coverages, deductibles and claims processing.

Stanford’s liability insurers require that they be promptly informed of the following injuries or incidents which involve claims or potential claims of students, employees, contractors, vendors, public, guests, etc. If any of these occur or if you need guidance, please contact Risk Management at email: thorne@stanford.edu; phone: 723-4555 or fax: 723-9456.

  1. Fatality;
  2. Major paralytic conditions such as paraplegia or quadriplegia;
  3. Second or third degree burns to 25% or more of the body;
  4. Amputation, permanent loss/use or permanent loss of sensation of a major extremity;
  5. Head or brain injuries resulting in permanent disorientation, behavior disorders, personality changes, seizures, aphasia or coma;
  6. Loss of sight or hearing;
  7. Spine or back injuries;
  8. Molestation, sexual assault or rape;
  9. Infections resulting from needle sticks;
  10. Wrongful acts including but not limited to allegations of:
    1. discrimination against any person or any violation of a persons civil rights;
    2. sexual harassment;
    3. educational malpractice or failure to educate;
    4. infringement of copyright;
    5. plagiarism or idea misappropriation;
    6. oral or written publication of material that slanders or libels a person or; violates the right to privacy, or disparages a persons character or reputation;
    7. false arrest, invasion of privacy;
    8. any misstatement, misleading statement, or libel/slander, or other defamation in any book, newspaper or other publication of Stanford University; or broadcast over any radio, cable or television station owned and/or operated by Stanford University;
    9. failure to grant due process, breach of contract, bad faith, and unfair dealing.

E. GUIDELINES FOR LEGAL RECORDS AND EVIDENCE

Do not destroy or alter evidence related to a liability action. Evidence includes but is not limited to documents, reports, records, electronic files, voice mail, pictures, videos and audio tapes, material, equipment, contracts, blue prints, specifications and similar documents as well as physical evidence.

Refrain from discussing a liability claim with anyone unless Stanford’s attorney is present or unless Stanford’s attorney has approved such discussions in advance. Thus, if anyone contacts you about a liability claim, refer them to Stanford’s attorneys (3-9611).

Moreover, certain information or documentation arising out the investigation of an incident may be covered by the attorney/client or the attorney work product privilege. It is essential that such privileged information be protected. Guidelines for safeguarding confidentiality are available from the Legal Office (3-9611).

F. POLICIES AND PROCEDURES FOR TREATMENT OF STUDENT INJURIES

Vaden Student Health Polices for student injuries, see: http://vaden.stanford.edu/

For additional information or assistance contact the Risk Management Office phone 3-7400; or fax 3-9456.

 

Last modified: February 17, 2006

       
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