SOP_NUMBER: 104.22
TITLE: Workers Compensation
REFERENCE_CODE: IVO04-0002
DIVISION: Administrative & Finance Division (Human Resources)
TOPIC_AREA: 104 Policy-HR Records/I.D./Criminal History
EFFECTIVE_DATE: 2020-05-27
WORD_COUNT: 2683
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105218
URL: https://gps.press/sop-data/104.22/
SUMMARY:
This policy establishes procedures for Georgia Department of Corrections employees who sustain work-related injuries or occupational diseases to receive Workers' Compensation benefits as provided by state law. It requires immediate reporting of all accidents and injuries to supervisors and human resources, specifies notification procedures to the Workers' Compensation Managed Care Organization within 24 hours, and outlines requirements for medical treatment, documentation, and transitional/modified duty assignments during recovery.
KEY_TOPICS: workers compensation, work-related injury, occupational disease, WC benefits, injury reporting, MCO notification, medical treatment authorization, modified duty, transitional employment, incident documentation, employee incident notice, return to work, injured worker rights, workplace accident
ATTACHMENTS:
1. Employee Incident Notice
URL: https://gps.press/sop-data/104.22-att-1/
2. Notice of Injury and Leave Election Form
URL: https://gps.press/sop-data/104.22-att-2/
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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 1 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
**I.** **Introduction and Summary:**
Georgia Department of Corrections (GDC) employees who sustain a work related
injury or experience an occupational disease that arises out of and in the course of their
employment shall be entitled to receive Workers’ Compensation (WC) benefits as
provided by state law.
**II.** **Authority:**
A. O.C.G.A. §§: 34-9-1, _et seq._, and 45-7-9;
B. Ga. Comp. R. & Regs. 478-1-.16 ;
C. GDC Standard Operating Procedures (SOPs) 205.01 Fitness for Duty, 104.21
Americans with Disabilities Act, 104.23 Return to Work Program, 104.37
Working Hours, Overtime, And Compensatory Time, 104.39.03 Injury Leave with
Pay, 104.39.04 Leave without Pay, 104.39.06 Sick Leave, 104.39.12 Family
and Medical Leave (FMLA), 104.39.13 Leave Donation Program, 104.61
Performance Management, and 104.66 Teleworking; and
D. ACA Standards: 2-CO-1C-05; 2-CO-1B-11; 1CTA-1-B-09; 1-CTA-3B-07; 5
ACI-1B-17 (ref. 4-4041), 5-ACI-7B-08 (ref. 4-4473), 4-ACRS-7D-28, and 4ALDF-7D-14.
**III.** **Definitions:**
A. **Transitional Employment** - Any temporary or Modified Duty assignment that
allows an injured and/or ill employee to return to work and remain productive until
the employee is able to perform their regular, full-time duties within an established
timeframe (See 104.23, Return to Work Program).
B. **Modified Duty** - A temporary job modification that is provided when an employee
returns from a work-related injury or illness to prescribed medically-restricted
duties. Duties assigned can be those identified within the employee’s current job
description with medically certifiable restrictions or another assignment at the
discretion of management. However, modifications that are permanent or longterm in character (i.e., being performed more than three months after the injured
employee has returned to duty) are not authorized without prior approval of the
Director, Human Resources.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 2 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
**IV.** **Statement of Policy and Applicable Procedures** :
A. All employees are responsible for immediately reporting any accident/injury to
their local human resources office, supervisor and/or duty officer. Any injury or
illness arising out of and in the course of employment is a compensable workrelated injury, unless injury arises out of willful misconduct, including fighting,
horseplay or any accident related to alcohol or drug use.
**NOTE:** An employee approved to Telework is covered by the Workers’
Compensation Act. The home workspace of an employee is considered to
be an extension of GDC workspace. The state's liability for work-related
accidents or injuries will continue during the approved work schedule and
in the employee's designated work location. The employee is covered in
the course of the actual performance of official duties at the alternate
workplace.
1. Supervisors must be familiar with the **OFFICIAL NOTICE FOR**
**MEDICAL TREATMENT** and the **BILL OF RIGHTS FOR THE**
**INJURED WORKER** . It is mandatory that both be displayed in a conspicuous
location on the Official Bulletin Board in all GDC work locations.
2. If an injury does not require medical treatment beyond simple first aid, the
supervisor or designee will complete the Employee Incident Notice
(Attachment 1) and place it in the employee's local medical file.
3. All work-related injuries will require an Employee Incident Notice which
should document the employee’s name and contact information, applicable
dates, time of injury, type of injury, a description of events leading to injury
and witness information to be signed by the supervisor or designee. Additional
witness statements may be attached and added to the employee’s local medical
file as needed.
4. Injuries requiring medical attention or lost time from work must be reported to
the Workers’ Compensation Managed Care Organization (WC/MCO) at:
**1-877-656-RISK (7475)** .
**NOTE:** This report should be made immediately, but not later than 24 hours,
after the injury/illness occurs. The MCO requires as much descriptive
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 3 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
information as possible regarding the individual and the accident,
injury, or illness.
5. The HR representative or supervisor must be able to provide the following
information to the WC/MCO:
a. Name, Address, Telephone Number, Social Security Number, Date of
Birth and Gender of Injured Employee;
b. Name of Employing Agency/Facility, Work Address, E-mail Address and
Telephone Number;
c. Injury Specifics: Body part injured and Type of Injury;
d. Hourly, Weekly or Monthly Wage;
e. Name, Address, Telephone Number, and Fax Number of Healthcare
Provider or Hospital; and
f. Whether the employee has returned to work and if time from work was lost.
**NOTE:** If the employee refuses medical treatment due to a work-related
injury, the employee must give a written statement regarding the
refusal. The statement must be placed in the employees’ medical
file.
6. Medical treatment should be rendered only by the authorized healthcare
provider, as directed by the MCO dispatcher or MCO Case Nurse.
7. In a true emergency situation, supervisors should ensure that the injured
employee receives immediate attention from the nearest medical facility or
emergency room. After the emergency is over, any further treatment must be
provided only as directed by the MCO or the DOAS claims specialists.
**NOTE:** An injured employee may be treated by medical personnel employed
by GDC or an on-site contractor only if there is a need to stabilize the
employee prior to transporting to the nearest medical facility or
emergency room.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 4 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
8. When possible, the supervisor or designee should transport the injured
employee to receive medical attention if the condition of the employee allows
it. However, if there is any doubt about the seriousness of the employee's
condition, an ambulance should be called to transport.
9. If the employee chooses to use an unauthorized physician after being made
aware of the approved healthcare providers by the MCO, the
Department/DOAS will not be liable for payment of medical costs. If an
employee is dissatisfied with the services of the authorized healthcare provider,
he or she can be approved by DOAS/WC for one change to another healthcare
provider from the MCO Group.
10. Once an injury is reported, the supervisor (or designated representative) must
ensure that appropriate parties are promptly made aware of the employee’s
condition and medical status. An HR representative should also provide the
healthcare provider with specific information about the injured worker’s job
duties/description, as soon as possible. (Use the official job description or WC
- 240a Job Analysis form, attached to SOP 104.23, Return-to-Work Program).
B. **Notice of Injury and Leave Election Form:** An employee, who loses time from
work, must complete a “Notice of Injury and Leave Election Form” (Attachment
2) to notify their local HR Representative of their desire to continue receiving their
full pay by use of accrued compensatory time, sick, annual and/or personal leave,
or to receive wage payments from DOAS/WC.
1. The HR representative or supervisor must complete the WC – 6 Wage
Statement when requested by the DOAS/WC claims specialist to determine the
injured employee’s benefit entitlement.
2. The employee is entitled to receive two thirds of his/her average weekly wage,
not to exceed the maximum amount provided by law at the time of injury,
illness or exposure to occupational disease.
3. Employees must wait seven (7) calendar days to qualify to receive WC Wage
Loss Payments. Usually no payment is due for the first week of disability.
4. Entitlement to benefits for the first seven (7) calendar days of disability or any
portion of that time, requires the employee to be disabled and out of work for
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 5 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
at least twenty-one (21) consecutive calendar days, and the first seven (7)
calendar days must have been designated as leave without pay. The authorized
healthcare provider must verify the employee’s disability and absence from
work.
5. In the event available leave is inadequate to cover the entire period of disability
(in excess of the first 7 calendar days of disability) the employee is entitled to
weekly benefits as of the day the leave is exhausted.
6. Employees who choose to receive workers' compensation payments in lieu of
accrued leave (compensatory, sick, annual) for lost salary will be placed in a
leave without pay status. Employees cannot receive workers' compensation
payments and regular salary (i.e., use of accrued compensatory time, sick,
annual or personal leave) at the same time.
7. Employees who are absent due to an injury or illness compensable by workers'
compensation may not solicit or receive Donated Leave, if they elect to receive
WC benefits.
8. DOAS/WC must be notified immediately every time the employee’s work
status changes (either to leave without pay, return to pay status utilizing
accrued leave, or a return to work). The local HR Representative must
complete the necessary Personnel Action Request (PA) forms and submit
promptly to the assigned HR Technician in Corrections Human Resources
Management (CHRM).
**NOTE:** Absences due to a workers' compensation claim which qualifies as a
serious health condition will be designated as Family Leave.
C. Medical expenses arising from a work-related injury, illness or exposure to
occupational disease are covered if the claim is accepted by the DOAS Workers'
Compensation Program. This may include hospital bills, prescribed drugs,
ambulance charges, healthcare provider fees and other medical expenses.
1. The DOAS/WC claims specialist will work closely with the injured employee
and the authorized healthcare provider to ensure that all necessary
arrangements are made and authorized prior to scheduling major surgical
procedures, MRI/CT scans, or physical therapy.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 6 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
**NOTE:** If the authorized healthcare provider prescribes medication for the
injured
or ill employee, the WC/Managed Care prescription drug program
permits
the employee to obtain prescriptions at a designated pharmacy, at no
charge to the employee.
2. Expenses connected with a work-related injury, illness or exposure to
occupational disease are excluded under the State Health Benefit Plan or other
group plans.
3. If treatment that is not covered by workers' compensation is required, or if
workers' compensation benefits terminate, employees should seek treatment
from their personal healthcare providers.
D. An eligible employee who becomes physically disabled as a result of a physical
injury incurred in the line of duty and caused by a willful act of violence committed
by a person other than a fellow employee shall be entitled to regular compensation,
up to a maximum of 180 work days, for the period of time that the employee is
physically unable to perform the duties of employment (see GDC SOP 104.39.03,
Injury Leave with Pay).
When the injured or ill employee is preparing to return to work, management must
require medical certification of the individual’s health/condition, including
specific information about any physical limitations or job restrictions imposed by
the authorized healthcare provider (see GDC SOP 104.23 Return to Work,
Attachment 1 & 2, WC – 240 Notice to Employee of Offer of Suitable
Employment and WC – 240a Job Analysis Form).
E. If DOAS/WC denies the injured employee’s claim, the employee is entitled to
receive written notice (from DOAS) explaining the reasons for the denial. The
Claims Administrator will accomplish this by using Form WC-1 (Employer’s First
Report of Injury), which is filed with the State Board of Workers’ Compensation
(via the DOAS Claims Specialist). The employee has a right to request a hearing
before the Board if he or she disagrees with DOAS/WC’s denial.
F. The Workers’ Compensation Act limits the extent to which an aggravation (re
injury) of a pre-existing condition or injury is compensable. Aggravation of a pre
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 7 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
existing condition will be “compensable” only if found to be the cause of the
disability. Once the aggravation resolves, and the injured employee returns to the
pre-injury condition, the claim will no longer be compensable.
**NOTE:** Compensation under these conditions will be made as provided by the
Georgia Subsequent Injury Trust Fund. Local HR representatives will
provide documentation regarding pre-existing conditions and if the claim
is substantiated, the Department will be reimbursed some of the costs.
There will be no difference whatsoever in the benefit paid to an eligible
employee.
G. It is essential that management support and encourage the employee’s safe
return to appropriate work, as soon as the authorized healthcare provider
believes it is medically advisable. Contact should be maintained with the
employee and the authorized healthcare provider to ensure the employee has
an incentive to return to work, as soon as the authorized healthcare provider
indicates return to work is advisable and appropriate.
H. The injured employee is required to inform the local HR representative of any
change in his/her condition, outcome of medical appointments, and/or return
to work status.
I. Supervisors/HR staff must keep the WC claims specialist informed regarding
the status of an injured employee.
J. If the employee has been released to return to work with prescribed medical
limitations through Transitional Employment or Modified Duties and the
employee refuses to attempt the employment plan, DOAS/WC can suspend
WC benefits.
K. A recuperating employee is allowed a 15-workday grace period to attempt to
return to a transitional or Modified Duty assignment following a work-related
injury or illness without fear of losing WC benefits.
L. Absences due to a work-related injury or illness will not affect eligibility for
salary increases except that performance-based increases cannot be granted to
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|**Policy Name:**Workers Compensation|
|**Policy Number:** 104.22|**Effective Date:** 5/27/2020|**Page Number:** 8 of 8|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access
|
an employee who is absent 50% or more of their rating period unless
specifically provided by law.
M. An employee whose absence was designated as Leave Without Pay due to a
work-related injury or illness may purchase (within 6 months of return to State
employment) up to 12 months of retirement service - in a five-year period - by
paying employee contributions plus 4% interest (compounded annually). The
period of time and cause must be certified by the Department.
N. Any employee who willfully makes any false or misleading statement for the
purpose of obtaining or denying any benefit or payment, or who receives and
retains any income benefits to which he or she is not entitled shall be guilty of
a misdemeanor. Upon conviction, he/she shall be punished by a fine of not less
than $1,000 or more than $10,000, or by imprisonment up to 12 months, or by
both.
**V.** **Attachments:**
Attachment 1: Employee Incident Notice
Attachment 2: Notice of Injury and Leave Election Form
**VI.** **Record Retention of Forms Relevant to this Policy:**
Upon completion, Attachment 1 shall be retained in the local medical file until replaced
by the official copy of the WC-1, Employer's First Report of Injury. Upon completion,
Attachment 2 shall be retained permanently in the local and official HR file.