Employees of the Sedalia School District who suffer an injury or illness caused by an accident or occupational disease arising out of and in the course of their employment (“a work-related injury”), when the accident or occupational disease is the prevailing factor in causing both the resulting medical condition and disability, will receive appropriate medical care and a managed return to work, in accordance with the Workers’ Compensation Law of the State of Missouri (“the Law”).
The Sedalia School District has developed an Injury and Accident Prevention Program, with the objective of maintaining a safe and healthful work environment for all employees. The safety of our employees is of utmost importance; therefore the District has adopted the following safety regulations. Employee workers compensation benefits may be reduced if an injury is caused by a violation of the following instructions. These rules not only contribute to providing our employees with a safer work environment but may also reduce the district’s workers compensation costs. It is important that you clearly understand these rules and follow them.
Workers’ Compensation Benefits Payable
Employees who suffer a work-related injury will receive benefits paid by the District according to the Law.
If an injury is deemed compensable, the employee will receive, subject to all provisions of the Law:
Direction of Medical Care
In Missouri, the District is afforded the right to select the medical care provider(s) for employee work-related injuries.
The District’s Workers’ Compensation Claims Administrator maintains a current list of approved medical providers. The employee, however, maintains the right to use the provider of the employee’s choice, but any expenses associated with that use will be borne solely by the employee.
Continuation of Employee Benefits While Off Work Due to Compensable Injury
If an employee is not able to work due to a compensable injury, and as along as the injured person remains an employee of the District, all regular employee benefits may continue. However, since the employee will receive wage benefit checks directly from the insurer and not through the District’s regular payroll system, the employee’s portion of the cost for those benefits cannot automatically be deducted from the employee’s payroll check. Therefore, the employee is responsible for making separate payment arrangements with the District’s Payroll Office.
Compliance With Physician’s Orders
An employee with a compensable injury must strictly follow any and all instructions of the treating physician. This compliance includes, but is not limited to: prescription use, therapy, rest, following activity restrictions, and returning for follow-up visits. Compliance with medical instructions is mandatory on and off the job. Failure to comply with the treating physician’s instructions may result in the denial of benefits under the Law.
Notice Requirements
A work-related injury or illness, including all occupational diseases, must be reported in writing by the injured employee to the school nurse and to his or her supervisor immediately. At the very latest, an injury or illness, including all occupational diseases, must be reported in writing within thirty (30) days of the accident, or in the case of an occupational disease, of a diagnosis. Failure to report an injury in accordance with this provision may result in a denial of benefits under the Law. More specific notice requirements are set forth below.
Drug and/or Alcohol Use/Testing
Under the Law, workers’ compensation benefits can be denied if an employee is found to be using alcohol and/or non-prescribed controlled drugs in the workplace and the use is the proximate cause of the injury. If the employee is found to be using drugs/alcohol and the use is not the proximate cause of the injury, a 50% penalty can be levied against otherwise payable benefits.
Note: There is a presumption that alcohol use was the proximate cause of an injury if an employee’s blood alcohol level exceeds the legal limit. Additionally, an employee’s refusal to take a drug or alcohol test requested by the District will result in the forfeiture or workers’ compensation benefits.
Employees who sustain a work-related injury will be subject to alcohol/drug testing as provided for in Policies 4870 and 4871.
Rule Violation or Willful Failure To Use Safety Devices
If an employee violates a rule of the District or fails to use a required safety device, that employee’s workers’ compensation benefits may be reduced by 25-50%. Specific safety regulations are listed in detail below.
Failure To Return To Work After Physician Release
An employee who fails to return to work after receiving a release from his/her treating physician, will be considered absent from their job without authorization. Such employees may be considered excessively absent if they fail to return to work after being released to do so, in accordance with the District policy 4310.
Vocational Rehabilitation Assessment
It will be the option of the Sedalia School District to require employees to submit to a vocational rehabilitation assessment. The District will require these assessments on a case by case basis as deemed appropriate.
Transitional Modified Duty
Transitional Modified Duty is a temporary assignment when an employee returns from a work-related injury with medical restrictions or modified duties based on the physician’s recommendations. The duration and type of duty an employee is assigned will vary on a case-by-case basis. The assignment can include tasks from the employee’s current job duties or other work assignments based on the District’s needs, the employee’s ability to perform the job duties, and the health care provider’s certification approving these duties. Employees may return to work full- time, part-time, or on an intermittent basis, based on the District’s needs.
Penalties For Fraud
In accordance with the Law, any employee who submits a fraudulent workers’ compensation claim and/or misrepresents facts can be found guilty of a Class A misdemeanor and may be subject to substantial criminal fines.
Procedure Immediately Following an Injury
Immediately following an injury, please comply with the following procedure:
Summary of Procedure Following an Injury
During your recovery period, please comply with the following procedure:
General Safe Workplace Practices
All employees are required to comply with the following Safe Workplace Practices:
Policy Compliance
Employees are expected to comply with these policies as a condition of their employment. This includes, but is not limited to, the expectation that employees shall:
Failure to comply with this policy may result in District discipline, up to and including discharge.