(A) All county employees are covered under the provisions of the South Carolina Workers’ Compensation Act pertaining to injuries and diseases sustained while on the job. Injured employees shall receive as weekly compensation a percentage of their regular pay, as authorized by the act. Defined as Average Weekly Wage, 66 and of your salary based on four full quarters of wages earned prior to the injury date.
(B) Employees who miss work due to an injury or disease covered by workers’ compensation shall not lose benefits or status with the county.
(1) Accidents occurring on the job must be promptly reported to the appropriate supervisor.
(2) The appropriate supervisor or department director shall complete the necessary reporting forms and forward them to the Personnel Director.
(C) Return to Work/Temporary Light Duty Program.
(1) Purpose.
(a) York County’s policy is to keep its employees healthy and on the job, therefore a return to work program is important to the employee and to the county. In a return to work program, injured employees, while recovering, are kept in a productive capacity while being protected from re-injury. Temporary light duty in a return to work program gives the employee the opportunity to earn regular wages and to maintain payroll benefits. This program is also designed to enhance self- esteem, reduce stress and speed recovery. When appropriate, light duty also preserves a skilled and stable workforce for York County.
(b) The purpose of the Return to Work/Temporary Light Duty Program is to temporarily place employees who have sustained work-related injuries, in positions consistent with the medical restrictions prescribed by an authorized treating physician. Ideally, the employee will work within his or her own department. However, it may become necessary to place the employee in another department and/or adjust work hours to accommodate their medical restrictions. Employee training may also qualify as a temporary light duty assignment.
(c) The goal of the program is to promote psychological recovery and to minimize lost time by encouraging appropriate levels of activity for injured employees.
(d) York County Risk Management staff will be responsible for managing the Return to Work/Temporary Light Duty Program. Decisions concerning the placement of injured and recovering employees will be made jointly by the employee’s department director supervisor and Risk Management staff.
(2) Scope. The Return to Work/Temporary Light Duty Program is designed to help regular (full or part-time) employees of York County who have received on-the-job injuries.
(3) General guidelines.
(a) Temporary light duty is an alternate assignment for an employee recovering from an on-the-job injury. Work assignments are subject to work restrictions as determined by the authorized treating physician. The duration of a temporary light duty assignment may range from one day to a maximum of 12 weeks. If necessary for the employee to remain in the temporary assignment for 12 weeks, Risk Management will consult with the authorized treating physician as to the necessity for continuing the light duty assignment beyond 12 weeks. However, a temporary light duty assignment cannot be extended beyond six months.
(b) A return to work authorization stating any physical activity/limitations, signed by a treating physician, must be submitted to human resources before an employee may return to work after an illness or injury (work related or otherwise).
(c) Departments may request temporary duty assistance by submitting the Request for Temporary Light Duty Assistance Form to Risk Management. Department should be innovative in developing and assigning meaningful tasks which will allow the employee to utilize their experience, education and physical capability.
(d) Work schedules will be arranged to permit injured employees to keep physician appointments and any prescribed physical therapy sessions.
(e) The temporary light duty employee’s home department (the department in which the employee worked at time of injury) is responsible for all salary expenses associated with the employee for the duration of their temporary duty status.
(f) If an employee chooses not to work in an assigned temporary duty position within the medical restrictions prescribed, then workers’ compensation indemnity benefits will not be paid.
(4) Responsibilities.
(a) Risk Management.
1. Maintain a list of available temporary duty positions requested by departments and communicates injury information to department directors regarding job restrictions to determine availability.
2. Assign the employee, under the advisement of the health care provider, to a temporary position which meets the employee’s medical restrictions. Consideration will be given to the employee’s home department, assignment, shift, and the like. However, if temporary duty cannot be arranged within the employee’s home department, the employee will be assigned to a different department, if available. Placement decisions will be made jointly by the employee’s department director/supervisor and Risk Management staff.
3. Obtain status reports from the authorized treating physician concerning employee’s health status/restrictions.
4. Notify employee’s home department of the employee’s temporary placement and provide updates regarding changes in the employee’s medical restrictions.
5. Maintain contact with supervisor of assigned departments regarding employee’s performance.
6. Maintain contact with employee regarding temporary assignment and overall health condition.
(b) Employee.
1. Adhere to the temporary limitations identified by his or her authorized treating physician.
2. Follow the policies of the assigned department. If the employee’s work habits are not conducive to the overall effectiveness of the assigned department, the assigned supervisor may request that the temporary employee be placed elsewhere. This request must be submitted in writing to Risk Management.
3. Advise assigned supervisor and Risk Management if assigned responsibilities fall outside of medical restrictions.
4. Return to full duty in home department upon receipt of return to work authorizing full duty from authorized treating physician.
5. Provide copies of all doctor’s notes to supervisor after each medical appointment.
6. Communicate any change in doctor’s orders with the county Risk Management as soon as changes are received.
7. Report to work unless there is a physician’s written document stating not to return.
(c) Assigned supervisor.
1. Ensure that employees in temporary duty assignments work within the identified medical restrictions.
2. Coordinate employee’s work schedule and leave, making provisions for medical appointments.
3. Submit employee’s time cards to human resources no later than 10:00 a.m. on Monday of payroll week.
4. Inform Risk Management of changes in the status of temporary assignment.
5. Complete and submit weekly to Risk Management, the Time Lost Due To On The Job Injury Form. Submit immediately when status of employee changes.
(5) Returning to full duty. Once the authorized treating physician notifies the employee and Risk Management in writing that the employee is released to return to full duty, the employee must return to their home department on the release day, unless changed by the supervisor.
(6) Definitions.
ASSIGNED DEPARTMENT. Department where injured employee is placed pending full medical release to job where injury occurred.
AUTHORIZED TREATING PHYSICIAN. Physician who is authorized by the county’s managed care provider to provide treatment to county employees.
HOME DEPARTMENT. Department in which employee worked at time of injury.
INDEMNITY BENEFITS. Benefits paid to an injured worker to replace part of wages lost as a result of a work injury. Indemnity benefits could also be benefits paid to York County for reimbursement of sick/annual leave if employee chose to continue receiving regular wages, using sick and/or annual leave for lost time in lieu of temporary total.
TEMPORARY TOTAL. Workers’ Compensation pays 66 2/3% of employee’s gross wages. If sick and/or annual leave is used in lieu of temporary total, it is reimbursed to the county at the rate of 66 2/3% and will be credited back to the injured employee’s appropriate leave banks. Employees receiving temporary total continue to be responsible for payment to the county for the employee portion of their elected medical insurance premiums.
RETURN TO WORK AUTHORIZATION. Written authorization, from the authorized treating physician, allowing the injured employee’s return to duty.
TEMPORARY LIGHT DUTY ASSIGNMENT. Temporary job assignment which meets the medical restrictions as prescribed by an authorized medical physician. Assignment is not to exceed six months.
(‘77 Code, § 13-63) (Ord. 1584, passed 9-17-94; Am. Ord. 5288, passed 10-17-88; Am. Ord. 2601, passed 7-16-01; Am. Ord. 3918, passed 8-20-18; Am. Ord. 2823, passed 5-1-23)
Cross-reference:
Workers’ compensation, § 33.001