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HomeMy WebLinkAbout0903 Work Related Injury or Illness128 903 Work Related Injury or Illness The City of Grapevine provides workers compensation benefits to regular full-time, regular part-time, part-time, interns, causal and seasonal employees. This policy does not cover temporary employees that are working through a temp agency or independent contractors. .01 In the event an employee is injured on the job, even if the injury is minor, the injury must be reported as soon as it occurs.. Employees must contact their supervisor as soon as they become aware of any on the job injury. .02 Workers’ Compensation coverage affords temporary income benefits based on salary and fringe benefits if an employee is deemed unable to work due to a compensable on the job injury. This compensation will pay, on behalf of the employee, medical expenses incurred due to the result of a compensable injury while on the job and in the course and scope of that employee’s duties. Employees may not elect to exhaust any form of accrued paid leave for their work related injury or illness (sick, vacation, etc.) during any portion of their absence in which the employee is receiving or may become eligible to receive temporary income benefits or City wage supplemental benefits. .03 Employees who have workers’ compensation doctor appointments while on duty will be compensated for the lost time. Employees who have workers’ compensation doctor appointments while not on duty will be allowed to adjust their work schedule to accommodate compensation for the appointment. The employee’s supervisor will arrange and approve any modifications to the employee’s adjusted schedule. The employee is required to provide their supervisor a doctor’s note with the time and length of appointment. Compensation is permitted for the length of the appointment plus thirty minutes of travel time each way. .04 Employees with a job-related injury are eligible to receive Workers' Compensation benefits in compliance with the Texas Workers' Compensation Act. In addition, regular full-time and full-time probationary employees may be eligible to receive a wage supplement benefit from the City of Grapevine. The wage supplement benefit is based on the employee’s pre-injury wage. To be eligible for the wage supplement, an injured employee must see a physician in the workers’ compensation network and the physician must certify that the employee is unable to work due to the job-related injury. This wage supplement will make up the difference between Workers' Compensation temporary income benefits and net base pay. The total amount paid to an injured employee while losing time from work will not exceed the full net pre-tax base pay he or she would have received for such period at his or her regular rate of base pay. Temporary income benefits will be deducted from the City’s wage supplement payment. In the event the wage supplement results in an overpayment, an employee shall repay the overpayment amount. Unless the employee initiates repayment, a repayment schedule will be set-up by Risk Management in order to deduct the overpayment amount from the employee's future checks. Minimum wage federal and state law requirements are 129 applicable to overpayment deductions. The wage supplement benefit may be provided for the first 90 calendar days (either consecutive or non-consecutive) from the date of injury that an employee is unable to work. Wage supplement benefit may be denied or discontinued if the employee: a) fails to report the injury or illness as required in the Human Resources Manual, Section 902.02; b) falsifies or misrepresents their physical condition or capacity; c) becomes unable to perform regular or full-time work as a result of any injury, the later aggravation, or re-injury thereof sustained prior to the date of employment with the City of Grapevine or while off duty; d) fails to follow established City, Department or Division safety policies and procedures; e) fails to report to an independent medical review or a physician in the workers’ compensation network and/or fails to present a work status report to Risk Management from this physician stating that the employee is unable to return to work within 24 hours after notified by the City to do so; f) fails to give written consent for the release of all pertinent medical information to the City of Grapevine prior to receiving the wage supplement benefit or later withdraws consent while receiving the wage supplement; g) does not follow the recommended medical care, physical therapy, rehabilitation and modified duty program for the employee; h) fails to contact and notify their immediate supervisor and Risk Management on a regular basis as defined by their condition and expected date of return; i) is found to be working at any job, including self-employment, that violates the employee's treatment plan as prescribed by the treating physician or is found to be participating in any activity that impedes the employee's progress or recovery or any work for pay, including self-employment, that is not approved by Risk Management; j) resigns or terminates for any reason including retirement or death; k) refuses to perform light or part-time duty when offered by the City and authorized by the treating physician (see Section 608.03) of the Human Resources Manual if the employee’s injury meets the criteria for a “serious health condition” under the FMLA; l) refuses to accept or perform a different job with the City when it is within the employee's physical capacity and they are qualified to perform or can be trained; m) refuses to return to regular duty on the first working day for which the employee receives a full duty release by their treating physician; or 130 n) ceases to be eligible for Workers' Compensation benefits. .05 Wage Supplement benefits will not be paid for any relapse or re-injury after the expiration of one year from the date of original injury and for more than a total of 90 calendar days whether consecutive or non-consecutive. .06 Injured employees who are working light duty are eligible to work overtime if overtime is available for their light duty position. .07 Injured employees working at other jobs, including self-employment, must adhere to the employee’s treatment plan as prescribed by the treating physician. .08 Injured employees who are not able to work and who are not eligible for the wage supplement benefit, or if the benefit expires or ceases, or whose payroll check is less than their payroll deductions, are responsible for paying insurance premiums and other deductions by a means other than their pay check. .09 The amount of time an employee may remain on the health plan (medical, dental, vision, life, long term disability and voluntary insurance coverage) while not actively at work is determined by the guidelines set in the summary plan descriptions, contact Risk Management for more information regarding timeframes and/or coverage continuation eligibility under COBRA. In the event an employee is on the health plan paying active employee rates and reaches Maximum Medical Improvement (MMI) and does not return to work upon reaching MMI, COBRA will be offered at that time. Revised 11/06/2017