3.81 – Reporting Work-Related Injuries & Workers’ Compensation

C. Procedures

Reporting

Employees must notify their supervisor and the safety and security department of all job-related accidents and/or injuries as soon as they occur or, in the case of an injury that is not immediately apparent, the employee should report it as soon as they are aware an injury was sustained.  When notified of an accident or injury, the supervisor will complete the Accident/Injury Report with assistance of witnesses when appropriate. For debilitating injuries, medical care is the priority and forms will be completed as soon as possible.

When an employee is injured on the job and seeking workers’ compensation, the college has the right to select the health care provider. Medical care provided through an employee’s private physician may not be approved or paid for by the college and/or its insurer. Human Resources will assist the employee after an injury or illness to ensure their safe return to work.

Supervisor Responsibility

For debilitating injuries, supervisors or their designee should contact 911 and the safety and security department.

For non-debilitating injuries, the supervisor or their designee should contact the Human Resources department during business hours for a workers’ compensation physician referral or the employee may be directed to an urgent care clinic or emergency center.

Supervisors or their designee must complete the Accident/Injury Report within 24 hours of being notified of the incident (or the next business day).

Supervisors are required to document on the Accident/Injury Report form, any refusal by the employee to obtain medical treatment.

Restricted Duty Assignments

Restricted duty is considered when Human Resources receives the following information from the workers’ compensation physician:

• Current physical or other medical limitations relating to the performance of essential functions of the job and;
• Expected period of temporary restrictions.

The college supports restricted duty as prescribed by the workers’ compensation physician if the employee’s restricted limitations fulfill the requirements of their job description and the limitations will not pose a hindrance to recuperation or an increased risk of re-injury. Employees will not be placed on restricted duty if their condition or restricted duty limitations would pose a safety or health hazard to the employee or college community.

If an employee does not want to work in a restricted duty capacity or feels they are unable to do so even when authorized to do so by the medical provider, the employee must use accrued leave time during their absence.

Other Matters

Employees who are unable to work or are on restricted duty due to a workers’ compensation injury or illness, must comply with the restrictions and orders provided by the designated workers’ compensation physician. Failure to follow medical orders may result in the loss of rights under the Workers’ Compensation Program and disciplinary action up to and including the termination of employment.

Additionally, employees who are unable to work or are on restricted duty due to a workers’ compensation injury or occupational illness, are restricted from working any outside employment unless specific approval has been requested and received in writing from their supervisor and in coordination with Human Resources. Employees who engage in outside employment without approval may be subject to disciplinary action up to and including the termination of employment.

In accordance with college policy 3.47 Alcohol and Drug Free Workplace,  employees involved in an accident or workplace injury will undergo a post-accident/post-injury drug and alcohol test if a trained observer determines that there is a reasonable suspicion an employee is under the influence. Refusal to take the test or a positive result may lead to disciplinary action, up to and including the termination of employment.

An employee may be responsible for medical expenses, or have benefits reduced or denied, if using alternative services outside of the college’s or the insurer’s direction, failing to timely report an incident, or failing to follow college policies at the time the injury occurred.

The college’s Health and Wellness clinic located on the Springfield campus is not an occupational injury clinic. Employees should not seek care at the clinic for work-related injuries.

When an employee is out of work due to a work-related injury or occupational illness and is receiving workers’ compensation benefits, they may also be eligible for leave under the Family and Medical Leave Act (FMLA). If the employee is eligible for leave under FMLA, that unpaid leave will run concurrently with the workers’ compensation leave.

Not Seeking Workers’ Compensation

If an employee is injured on the job, they may elect not to seek medical treatment. However, the employees must notify their supervisor and the safety and security department of all job-related accidents and/or injuries as soon as they occur or, in the case of an injury that is not immediately apparent, the employee should report it as soon as they are aware an injury was sustained.  When notified of an accident or injury, the supervisor will complete the Accident/Injury Report. In accordance with college policy 3.47 Alcohol and Drug-Free Workplace, an employee that has elected to waive workers’ compensation may still be required to take a post-incident drug and alcohol test if there is reasonable suspicion that the employee is under the influence. Refusal to take the test or a positive result may lead to disciplinary action, up to and including the termination of employment.

Workers’ Compensation Payments

If an employee is receiving workers’ compensation benefits, wage replacement will not begin until the employee has been unable to work for three days. During this waiting period, the employee may elect to use accrued leave or may take unpaid leave. Workers’ compensation benefits may also provide only partial wage replacement or may end before the employee is medically able to return to work; in such circumstances, the employee may choose to use accrued leave to supplement pay or may take unpaid leave, unless the absence is designated as Family and Medical Leave Act (FMLA) leave. When an absence qualifies for FMLA, accrued paid leave must be used before the employee may take unpaid leave. Total payments from workers’ compensation and the employee’s accrued leave will not exceed more than 100 percent of their regular monthly salary when they are off work due to a workers’ compensation injury or illness. It is the college’s responsibility to ensure that no employee receives more than 100 percent of their regular monthly salary when they are off work due to a workers’ compensation injury or illness.

If an employee’s regular monthly salary has already been paid for the time period in which the employee has been or will be paid by workers’ compensation, the college has the right to deduct the amount paid by workers’ compensation from the employee’s next paycheck.