(A) The city provides a comprehensive worker’s compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment.
(B) Subject to applicable legal requirements, worker’s compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. While on worker’s compensation disability, employee benefits shall accrue.
(C) Any employee who sustains a work-related injury or illness should inform his or her supervisor immediately and the Clerk-Treasurer’s office within 24 hours. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible.
(D) If the employee has a life threatening condition, he or she should proceed directly to the nearest hospital or medical facility.
(E) If an employee received worker's compensation for such an injury, he or she will receive the difference between his or her regular pay and his or her worker’s compensation benefits as full compensation for his or her sick leave. Such compensation shall not exceed six weeks in duration; if further compensation is requested; such benefits would be subject to Board of Works approval.
(F) Employees should contact the Clerk-Treasurer’s office to obtain information and forms regarding filing worker’s compensation claims. Medical certifications are required. Once completed, all such forms are to be filed directly with the Clerk-Treasurer’s office, not with the insurance carrier.
(G) As specified by Indiana worker’s compensation statutes, when a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day. However, on the twenty-second day of disability the employee will receive compensation for the first seven days.
(H) The first weekly installment of compensation is due 14 days after the disability begins. Not later than 15 days from the date that the first installment is due, the employer/carrier must tender to the employee an agreement of compensation, along with compensation due.
(I) If however, the employer/carrier denies liability, a written notice of denial must be mailed within 29 days after the employer’s knowledge of the alleged injury. The employer may obtain an additional 30-day period if it establishes that the delay is due to an inability to obtain the medical information necessary to make a determination as to liability.
(J) Certain injuries are excluded from worker’s compensation coverage (e.g., employee intoxication, self-inflicted injuries, failure to use safety appliances, committing a violation of work rules, failing to obey a reasonable written or printed safety rule, knowing failure to perform a statutory duty).
(K) Neither the city nor the insurance carrier will be liable for the payment of worker’s compensation benefits or major illness/injury in-line-of-duty leave pay for off-duty injuries or illnesses that occur during an employee’s voluntary participation in any off-duty recreational, social or athletic activity sponsored or not sponsored by the city.
(L) While an employee is on worker’s compensation leave, he or she shall not be engaged in outside employment.
(M) Holiday pay will not be paid in addition to major illness/injury in-line-of-duty leave pay.
(N) During worker’s compensation leave employees may be required to submit periodic medical certifications on their serious health condition. Before returning to work, the employee shall provide medical certification from a health care provider verifying that he or she may safely return to work.
(O) Worker’s compensation leave is designated as Family and Medical Leave Act (FMLA) leave beginning with the first day of leave. All such leave time used counts against the employees 12-week FMLA entitlement.
(Ord. 2018-16, passed 1-7-19)