8442.01 - WORKERS’ COMPENSATION
The Ohio Bureau of Workers’ Compensation (“BWC”) provides insurance coverage to employees for work-related injuries sustained in the course of and arising out of employment and diseases contracted in the course of employment. It also provides benefits to employees’ dependents in those cases of death suffered in the course of and arising out of employment. To that end, if an employee sustains a workplace injury or contracts an occupational disease, s/he may be eligible to receive compensation and benefits under the Workers’ Compensation Act for loss sustained on account of an injury or illness.
- Reporting a Work-Related Injury
- A Governing Board employee who sustains a work-related injury shall report the injury and its circumstances via the electronic reporting process and to the ESC principal or job supervisor, as appropriate, as soon as possible following the occurrence of the injury. A First Report of Injury, Occupational Disease or Death application (“First Report of Injury” or “FROI-1”) shall be automatically completed when using the electronic process and an accident investigation shall be conducted within twenty-four (24) hours if possible. The failure of an employee to comply with this requirement may result in disciplinary action (see Governing Board Policy 8442).
- In addition to reporting the injury and completing an incident/accident report, the employee may file an application for benefits with the BWC. The Superintendent’s designee shall provide assistance to an employee in filing a workers’ compensation claim.
- Payment for related medical benefits is the responsibility of the Governing Board’s Managed Care Organization (MCO) and the BWC. If the employee is written a prescription for the injury, the employee must contact the Human Resources Department prior to filling the prescription to ensure the cost is covered. If an employee pays out of pocket for a prescription, the full cost of that prescription may not be reimbursed by BWC.
- Leave Status
- If an employee sustains a work-related injury and is unable to perform the functions of his/her position, s/he may file a workers’ compensation claim in order to receive compensation and benefits through the BWC. Competent medical proof of disability shall be completed by the attending physician using the proper form and affixing his/her original signature. The injury or illness shall be determined to be compensable by the BWC, or in the case of dispute, the Ohio Industrial Commission. In no event shall compensation commence before all initial paperwork is completed and filed with the appropriate agency(ies).
- An employee may apply for an unpaid leave of absence pending approval of his/her workers’ compensation claim and file for Temporary Total with BWC
- An employee may claim sick time during a work-related injury or illness. Please note the use of sick time disqualifies the employee from claiming Temporary Total pay from BWC. s/he may apply for the use of sick leave.
- An employee may use any available paid vacation if applicable, to receive compensation while out on a work-related injury or illness.
- An employee may be simultaneously placed on leave under the Family and Medical Leave Act during his/her leave of absence as a result of a work-related injury or illness in accordance with Governing Board policy.
- If an employee sustains a work-related injury and is unable to perform the functions of his/her position, s/he may file a workers’ compensation claim in order to receive compensation and benefits through the BWC. Competent medical proof of disability shall be completed by the attending physician using the proper form and affixing his/her original signature. The injury or illness shall be determined to be compensable by the BWC, or in the case of dispute, the Ohio Industrial Commission. In no event shall compensation commence before all initial paperwork is completed and filed with the appropriate agency(ies).
- The Governing Board reserves the right to have the employee examined by a physician of its choice at the Governing Board’s cost to confirm the medical diagnosis and/or the period of disability. Failure to submit to examination shall result in termination of wage continuation benefits.
An employee who obtains compensation from the BWC by knowingly misrepresenting or concealing facts, making false statements, or accepting compensation to which s/he is not entitled, is subject to felony criminal prosecution for fraud (see R.C. 2913.48).
© Neola 2005
Ohio Valley Educational Service Center