(a) Any employee, whether part-time, full-time, or temporary; injured while on the job is covered under the provisions of the workers’ compensation law of the state.
(b) Any employee suffering an injury on the job must report the incident to his or her supervisor immediately. Such reporting shall occur for even the slightest of injuries. The supervisor or his or her designee shall complete an employee report of injury form and submit the appropriate sections of the form within one workday of the occurrence to the Town Treasurer or his or her designee. Failure to immediately give notice may weigh against a finding of compensability.
(c) As stipulated in W.Va. Code § 23-4-1, employees are not permitted to receive sick leave and workers’ compensation benefits simultaneously.
(d) In case of job-related accidents which result in the loss of work, an employee will use accumulated sick leave for the first three days, provided that the employee has sufficient sick leave to cover this period, at which time workers’ compensation begins payment, provided proper claims have been filed. If an employee does not have accumulated sick days, he or she shall be unpaid for the three days before workers’ compensation commences payment. The town has five days in which to report to workers’ compensation after being notified by the employee.
(e) Employees on workers’ compensation shall be paid according to the following.
(1) Employees missing less than four days will be paid sick leave benefits.
(2) Employees missing less than eight days but more than four days will be paid the first three days as sick leave and the remaining days by workers’ compensation.
(3) Employees missing more than seven days will be paid by workers’ compensation from the date of injury.
(4) Employees who receive workers’ compensation benefits while off from work may only return to work if they provide the Town of Nutter Fort with a physician’s letter stating that the employee may return to work and perform the essential functions of the position with or without a reasonable accommodation for the disability. Both the employee and physician must sign a copy of the employee’s position description confirming that the employee is capable of performing the essential functions of the position. If the employee will need reasonable accommodations in performing the essential functions, then the physician must outline the necessary accommodations. The Mayor shall determine whether the accommodations are reasonable.
(Ord. passed 2-14-2006)