North Carolina Workers’ Compensation A General Overview

North Carolina Workers’ Compensation

A General Overview

1

Press F5 to begin

2

Cory Blankenship – TreasurerPhone: 828-497-7070Email: [email protected]

Barbara Owle, Risk ManagerPhone: 828-497-7068 Email: [email protected]

Joe Bernhisel, Workplace Safety OfficerPhone: 828-497-1021Email: [email protected]

3


Employees are entitled to benefits if, while carrying out activities for the benefit of their employers, they suffer an injury by ACCIDENT, a “specific traumatic incident,” resulting in a hernia or back injury, or an occupational disease.”

An “Accident” is due to unusual circumstances, such as slip, trip, fall, or other unusual activity, likely to result in unexpected consequences.

“A Specific Traumatic Incident,” as defined by our courts, includes, “injuries that occur during normal work activities.

4

Accident

Must be a separate event preceding and causing the injury

Must be unforeseeable and unusual

Must involve the interruption of a work routine

Must be beyond the usual and customary duties of the job

• Non Prescription Drugs

• Bandages, Gauze Pads

• Hot or Cold Therapy

• Elastic Bandages, Wraps

• Using Eye Patches

• Use Tweezers to remove foreign material from area

• Removal of items not embedded in the eye

• Temporary Immobilization – Splints, Slings, Neck Collars

When an Employee is involved in an accident – Do the following: 1.Notify your Supervisor2.The Supervisor will refer you to the Urgent Care for medical care if necessary If you need to be seen in the ER – Injury must be considered urgent/emergent Employee will complete EBCI Form 2 – Employee Statement of Incident Employee will complete EBCI Form 3 – Drug Test & Medical Release Form Employee will complete EBCI Form 4 – Return to work form from Dr. Witnesses will complete EBCI Form 5 – Witness Statement of Accident3.Supervisor notifies the Manager4.Manager notified Risk Management that an accident/incident has occurred5.Manager is responsible for ensuring Risk Management received this documentation within 24 hours of the accident6.Employee is to return their “Medical Return to Work Note” to Risk Management and their Supervisor after being seen by the doctor. Risk Management is to keep the original note and a copy is to be given to the Supervisor.7.Risk Management will file the WC Claims and determine compensability.

7

Incident Report Non-Employee Accident Fall at the Council House

Workers’ Compensation Report Work related Injury

MVA Report Vehicle Accidents Theft from vehicle Vehicle hit by another driver

Forms can be found at:http://nc-cherokee.com/finance/budget & finance/risk management/ forms library.The password is - risk

8

• Form 18 – Notice of Accident to Employer and Claim of Employee, Representative, or Dependent

• Form 19 – Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission

• Form 22 – Statement of Days Worked and Earnings of Injured Employee

• Form 25T – Itemized Statement of Charges for Travel - $0.51 a mile for medical appointments, physical therapy, or testing. The trip must be over 20 miles before claiming mileage.

• Form 60 – Employer’s Admission of Employee’s Right to Compensation. This form is sent to the Employee when they are placed out of work, by the treating physician.

NOTE: Form 22 and 25T can be found at http://ncherokee.com/finance/treasury/ risk

management/forms library. The password is risk.

9

Employer has the right to direct medical care

Medical notes must be maintained in Risk Management

Failure to cooperate can lead to termination of benefits

Employees must have prior authorization from Risk Management before receiving medical care

Employees will be placed in restrictive duty if the doctor assigns restrictions. The medical note designates the employee’s return to work time not the employee.

Make sure you have selected the correct form for recording the accident/incident

Additional forms needed to be added to the report

Submit any medical – return to work statements to Risk Management

Return Drug Testing Forms to Risk Management

11

Incident Report

Motor VehicleAccident

Workers’ Compensation

No compensation is due for the first seven days of lost time unless the disability exceeds 21 days. Therefore, the first check will not include payment for 1-7 days. Payment for those days will be made beginning on the 8th day.

In accordance with EBCI Policy, the injured employee may request 26.5 hours (1/3 of hours worked per week) of Sick or Annual Leave only per pay period while authorized out of work. The Employee cannot receive Regular Hours while AOOW, and can’t use Sick or Annual Leave beyond hours accrued.

If an employee is referred to a specialist, such as an Orthopedic Specialist, Risk Management will assign the Case Nurse, Revertia Pegg, to assist and oversee those appointments.

Physicians will indicate restrictions on the Medical Return to Work Note given to the employee.

Employee must submit this note to Risk Management and they will assigned restrictive duties.

Employees will be paid by their department. If the department can’t provide a restrictive duty assignment, the Employee will be temporarily assigned to another department. Their pay will still be paid by their departments.

13

Back Injury Limited Use of One Hand - Prepare Travel Materials - Tourism - Write Medical Orders - Driving Only - Pass out Marketing Materials - Copying - Administrative Duties

No Lifting Over 10 Lbs. No Prolonged Standing - Answer Phone - Administrative Duties - Prepare Training Materials - Work on Special Projects - Assist at Youth Center - Up-date Training Materials

Question – Can you identify areas within your departments that could be used to accommodate Restrictive Duty Employees?

Send Risk Management a list of the job that can you used for Restrictive Duty.

14

How Did the Injury Occur?

Details need to be included in the report – Who? When? What? Why? How?

What was the contributing cause of the injury?

How can we prevent this from occurring again?

Was Personal Protective equipment used?

15

Prevent similar accidents in the future

Find the true causes

Protection of our employees

Lower Workers’ Comp Cost

Improve our work environment

Investigations provide a means of correcting the hazard to prevent future occurrences

16

Use the Information from your investigation to:

Communicate Findings to Employees

Replace/Repair all defective items found

Re-Instruct Employees as necessary

Modify work practices as necessary

17

18

Risk Control is a means of reducing Workers’ Compensation Cost

Ensure your Department is following Workplace Safety and Health Regulations when performing their jobs

Cory Blankenship – TreasurerPhone: 828-497-7070Email: [email protected]

Barbara Owle, Risk ManagerPhone: 828-497-7068 Email: [email protected]


19

“Safety First”Thank You

20

Documents

North Carolina Workers’ Compensation A General Overview