Sedalia School District 200

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R 4530 Workers' Compensation Benefits

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:

  1. Medical treatment approve by the District.
  2. Temporary total disability (“TTD”) benefits from the District’s insurer, if the employee is absent from work for more than three working days. TTD benefits are equal to two-thirds of the employee’s “average weekly wage.” The “average weekly wage” is calculated by the District as the average of the employee’s wages for thirteen weeks preceding the work-related injury. Employees who receive workers’ compensation benefits for lost time from work due to a work-related injury are not eligible to use sick, personal or vacation leave benefits to supplement income while receiving TTD benefits under this policy.
  3. If an employee is absent from work due to a work-related injury for only three (3) working days or less, the employee will not receive TTD benefits; however, the employee may elect to use any accumulated sick leave, vacation or personal days for any missed time from work.
  4. If the injury is severe and it causes permanent disability, the Division of Workers’ Compensation may award a lump-sum benefit for the disability.
  5. An employee’s available Family and Medical Leave Act (FMLA) absence allowance may be drawn down concurrent with absences due to a work-related injury, if the absence qualifies as a serious health condition under the FMLA.
  6. District #200 requests that employees schedule medical treatment, physical therapy or evaluations after regularly scheduled work hours whenever possible. Employees will not receive TTD benefits for time missed from work to attend medical treatment, physical therapy or medical evaluations, including District-requested medical evaluations.
  7. Employees may not receive TTD benefits while receiving unemployment benefits.
  8. If an employee is terminated from employment with the District due to post-injury misconduct, the employee will no longer receive TTD benefits for any pre-termination injury or illness.

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:

  1. Assess the situation. If emergency medical attention is needed, call 911immediately!
  2. If not an emergency, get on site medical attention for your injury from a school nurse or trained staff whenever available.
  3. If the injury requires a physician visit, all appointments must be made through the District’s Workers’ Compensation Claims Administrator. Do not make physician appointments on your own. Our group physician is Family Medicine, 3401 W. 10thSt., Sedalia, Missouri, phone 827-2883. (If injury is an emergency, seek assistance immediately.)
  4. Report all injuries to the school nurse during school hours and to your immediate supervisor. They will refer the incident to the District’s Workers’ Compensation Claims Administrator.
  5. The school nurse or your supervisor will report all incidents and injuries to the District’s Workers’ Compensation Claims Administrator immediately. Linda Myers, SedaliaSchool District Insurance Coordinator, 660-829-6471.
  6. Complete and sign an Incident ReportForm.
  7. Employees should report injuries within 24 hours of the accident or injury even if no immediate medical attention is sought. All injuries or accidents must be reported in writing within thirty (30) calendardays.
  8. It is the employee’s responsibility to notify his/her immediate supervisor if an accident occurs. NOT REPORTING AN ACCIDENT OR INJURY WITHIN THE REQUIRED TIME PERIOD COULD RESULT IN DELAYED PAYMENTS AND INCREASED MEDICAL EXPENSES THAT WILL BE THE RESPONSIBILITY OF THE EMPLOYEE.

Summary of Procedure Following an Injury

During your recovery period, please comply with the following procedure:

  1. Follow the medical provider’s orders; attend all scheduled medical and physical therapy appointments.
  2. Cooperate with your workers’ compensation carrier: Missouri Rural Services, phone 1- 800-596-1422.
  3. Contact your supervisor regularly, letting them know yourprogress.
  4. 4When you are released to full duty or transitional duty, call your Missouri RuralServices adjuster, your Sedalia School District supervisor, and the District’s Workers’ Compensation Claims Administratorimmediately.
  5. A copy of any and all physician’s work releases (containing weight limits, number of hours employee is released to work, etc.) must be provided to yourimmediate supervisor and the District’s Workers’ Compensation Claims Administrator immediately.

General Safe Workplace Practices

All employees are required to comply with the following Safe Workplace Practices:

  1. Never put yourself in a position in which must use all your body strength. you can barely lift a box up to a shelf, you have filled it too full. you have to push or pull with all your might to open an door or an object, you are likely to slip when it finally givesway.
  2. Keep floors clean and free of liquid or objects. Report spills immediately to the appropriate personnel.
  3. Keep loose sleeves, ties, gloves, jewelry, and long hair away from movingequipment.
  4. Climb on proper ladders or stepstools only, not on chairs, desks, orshelves.
  5. Don’t run electrical cords across aisles or wetfloors.
  6. Don’t try to catch heavy or falling objects. Let them hit thefloor.
  7. Unplug power equipment before making adjustments or when not inuse.
  8. Don’t pull out more than one file cabinet drawer at a time. Close drawers before youwalk away. Put heavy items in bottomdrawers.
  9. Don’t lock or block buildingexits.
  10. Use a cart, dolly, or helper to move heavy objects. Maintenance and custodial staff must wear the lumbar belts provided by thedistrict.
  11. When operating power equipment on school grounds make sure children are kept away from the area of operation. Do not leave power equipmentunattended.
  12. Do not remove safety devices from power equipment. Report any safety devices thataren’t working properly to your immediatesupervisor.
  13. When driving vehicles across occupied playgrounds or around school buildings, have a coworker or a school employee walk outside the vehicle to make sure childrenstay clear. Always place vehicle in gear, set handbrake and remove keys when leaving the vehicle unattended.
  14. If your job requires you to drive a company owned vehicle, or any vehicle on company business; and/or ride on local, private, or public streets, the USE OF SEATBELTS IS MANDATORY for the driver and all passengers. Obey all posted traffic signs andspeed limits.
  15. Employees must attend all safety seminars provided by the Sedalia SchoolDistrict.
  16. Maintenance and custodial employees must wear the provided ice grips when removingice from parking lots orsidewalks.
  17. Food service and custodial personnel must wear slip resistant shoes during workhours.

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.

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Last Updated: February 2019