7M - Workers Compensation Leave.pdf

Valley Community Services Board

Personnel Policies & Procedures Policy: Leave and Time Management, 7M

Subject: Workers’ Compensation Leave Original Date:

Revision Dates: Last Review Date:

2/1998 7/20/2011, 10/17/2012, 12/4/2013, 4/22/2015, 9/28/2016 9/28/2016

Policy:

Valley Community Services Board (VCSB) carries workers’ compensation insurance. All employees of VCSB are covered by workers’ compensation for:

1. Accidental injury or illness arising out of, or in the course of, employment.

2. Only work related illnesses to which a direct causal relationship can be shown, and which are not easily acquired outside the health care setting are compensable.

Procedures:

Medical Attention

1. Employees injured while in the course of, or arising out of, employment must immediately seek medical attention if such attention is deemed necessary by the supervisor in charge or at the employee's request.

2. Minor injuries (scratches, etc.) may be treated in the work area or treatment room.

3. Incidents involving exposure to blood or body fluids must be reported to the VCSB Infection

Control RN (RN Manager). Examples of exposure are specific eye, mouth, other mucous membrane, non-intact skin, human bite or parenteral (puncture with any contaminated sharp object such as needles, razors, etc.) contact with blood or other potentially infectious materials that result from the performance of an employee's duties.

4. If medical attention is required Monday-Friday during working hours, the employee is to go to one of the approved physicians listed on the Panel of Physicians.

5. If medical attention is required outside of doctor's hours or immediate medical attention is required due to a job related injury (such as lacerations requiring sutures, puncture wounds, suspected fractures or eye injuries), staff should seek medical attention at the nearest urgent care facility or emergency room. The employee should seek medical treatment at the emergency room as outlined here, or for medical emergencies, only.

6. Medical emergencies, such as heart attack, stroke, seizures, loss of consciousness, or puncture wounds, require immediate medical attention and do not permit the time to determine whether the incident is work related.

a. If the incident is later deemed compensable by Workman’s Compensation, then all incurred medical and transportation expenses will be paid by Worker's Compensation.

b. If the incident is later determined to be not compensable by Workman’s Compensation, the cost of medical treatment and services must be borne by the employee and/or his/her health insurance.

Claim Policy & Procedure

1. Immediately upon the occurrence of an accident, even if there is no personal injury, it is the employee's responsibility to report the accident to his immediate supervisor.

Workers’ Compensation Leave

2. All employees involved in a motor vehicle accident while performing work for the agency, whether in the employee’s own vehicle or in an Agency vehicle, must undergo a drug and alcohol screening. See Drug & Alcohol Free Workplace Policy for additional details.

3. The First Report of Injury Form must be filled out within 24 hours of the occurrence of injury/accident and forwarded to the Human Resources Office.

4. The Human Resources Office will be responsible for submitting workers’ compensation claims to the insurance carrier.

5. Supervisors receiving knowledge of an accident or illness will:

a. Direct the employee to the appropriate medical attention as outlined above.

b. Assist the employee in the prompt and complete reporting of the accident.

c. Give the employee a listing of the approved physicians for Workers Compensation. See

Panel of Physicians,.

d. Provide the employee with the following paperwork to be taken to the physician/ER:

i. First Report of Injury Form

ii. A copy of the employee’s job description

iii. Treatment Authorization Form (Not needed for emergency room visits)

6. The employee must notify the staff in the emergency room or urgent care facility that the injury is to be handled as workers’ compensation and that VCSB Human Resources Office should be contacted at (540)213-7340.

a. Any necessary follow up care should be provided by a physician chosen from VCSB’s approved Panel of Physicians (Exhibit T).

7. After each physician appointment, the employee is to submit the following to the Human Resources office:

a. Documentation received from the physician

b. A statement regarding the employee’s ability to return to work

8. If the authorized treating physician determines the illness or injury is not related to the incident claimed by the employee, the employer will be financially responsible for the initial visit to the physician, but any subsequent visits to the physician will be at the employee's expense.

9. The employee is obligated to keep all medical appointments and to accept treatment recommended by the approved physician selected, as well as treatment prescribed by other physicians to whom he/she may be referred by the initial treating physician.

10. Unjustified refusal of the employee to accept such medical service or vocational rehabilitation training when provided by the employer shall bar the employee from further compensation.

11. If the employee becomes dissatisfied with medical treatment, or if the employee wishes to change physicians and have the employer assume the cost of the medical treatment, the employee should obtain a confirmation from the workers’ compensation insurance carrier through the Human Resources Office. The Human Resources Office will not authorize changes in treating physicians. If the employee is unable to secure this confirmation, he/she may contact the Virginia Workers’ Compensation Commission and request a hearing to determine if there should be a change in treating physicians at the employer's expense.

12. If the employee selects his/her own physician for treatment rather than choosing from the approved list, the employee assumes responsibility for his/her medical expenses.

13. If the employee does not return to work as stated by the authorized treating physician:

a. Worker's Compensation benefits will stop and the employee will be reported as "able to return to work" to the insurance carrier.

b. The employee will be charged with an unscheduled absence.

14. Acceptance of a claim as compensable under workers' compensation is pending receipt of the authorized treating physician's report and the review of the workers’ compensation insurance carrier. During the first seven calendar days of necessary absence of a compensable claim, the employee will be paid full pay for the days they were scheduled to work during that time period.

If the absence extends beyond 21 days, workers’ compensation pay starts with day one. Any overpayment by VCSB will be adjusted in the employee’s next VCSB paycheck (and/or Paid Time Off (PTO) leave payout should the employee not return to work).

15. Leave incurred for appointments with the authorized treating physician will not be charged against the employee’s leave balance, but should be noted as WC on timecard.

Return to Full Duty/Limited Duty Work

1. Upon being released for duty by the attending physician:

a. It is the employee's responsibility to submit a return to full duty certificate to the Human Resources Office.

i. A copy of this certificate will be forwarded to the employee's department.

ii. The employee will not be allowed to return to full duty status until this certificate has been received in the Human Resources Office.

iii. The Human Resources Office will notify the employee's supervisor of the employee’s return to work date.

b. When possible, limited duty assignments are offered to allow an employee to continue to work for VCSB during the recovery period.

i. If the attending physician reports the employee can return to work in a limited duty status with specific restrictions:

1. The Human Resources Director will attempt to coordinate limited duty with the appropriate department head or supervisor.

2. The Human Resources Director will also attempt to coordinate limited duty assignments with the ELT for guidance regarding placement in support departments.

3. The Program Director, together with the Human Resources Director, may assign an employee to a department, unit or shift different than his or her regular assignment, for a period of time not to exceed ninety calendar days unless extended by the Executive Director.

2. Workers’ compensation runs concurrently with FMLA.

An employee who is unable to return to his/her position within 12 weeks of injury may be subject to a position change, conditional leave without pay or separation.

Miscellaneous

1. Health Insurance:

a. If the employee is unable to work after a compensable injury, VCSB will continue to pay for the employee cost of group health insurance for a maximum of 3 months, but the employee will be responsible for the cost of any additional family plan.

b. In order to continue health insurance benefits after the 3-month period, the employee will be required to submit, by the 25th of each month, a check for the entire cost of health care coverage to the Human Resources office. If separation of employment occurs, health insurance benefits can be continued through COBRA.

2. Virginia Retirement System and Life Insurance:

a. If the employee is unable to work after a compensable injury, VCSB will continue to pay the employer's portion of the VRS and life insurance during their leave for a maximum of 3 months.

b. After this time, VCSB’s VRS contributions will end. It will be the employee's responsibility to notify the Human Resources Office that they wish to continue the VRS Life Insurance at his/her expense. If separation of employment occurs, continuation of this benefit will be based on VRS policy.

c. Members of the VRS Hybrid Retirement Plan may be entitled to additional benefits under the short term disability plan for Hybrid Plan members. See associated plan policy. The injured employee should contact the Human Resources office for additional information.

3. Paid Time Off and Sick Leave:

a. Paid Time Off and Sick leave will be frozen while the employee is on workers’ compensation.