FILE:  EGAA

Cf:  GBRIB

 

WORKERS' COMPENSATION

 

 

The Lafayette Parish School Board shall authorize and direct the Superintendent to ensure workers' compensation coverage for its employees and School Board members. Employees injured while acting in their official capacity shall be entitled to appropriate workers’ compensation benefits prescribed under state statutes for the period of time while injured.  Any employee reporting an injury or incapacitation due to a work-related accident shall be required to submit proper certification of the injury and/or incapacitation from a licensed physician.

 

At the time of employment and from time to time thereafter, all employees shall be required to complete the Louisiana Workers’ Compensation Second Injury Fund Questionnaire.  The employee may also be required to provide additional information regarding their health and any previous accidents, injuries, or workers’ compensation claims on a form promulgated by the School Board.  The contents of any such forms shall be kept confidential and shall be maintained in the employee’s medical records file.

 

REPORTING OF ACCIDENTS

 

Should an accident occur to an employee while in the course of his/her duties, the employee shall immediately notify his/her supervisor.  Once reported, a detailed report shall be submitted by the employee's supervisor to the Superintendent or designee within five (5) days of the accident.  Additional written commentary about the accident may also be required from the employee's supervisor.  Periodic medical exams and subsequent reports verifying prolonged disability may be required as needed.

 

Immediately following any accident, whether or not injury occurs, the administrator of the school or facility shall file an Investigation of Accident Report with the Superintendent or designee.  If an injury occurs, an LWC-WC-IA-1 Form (Louisiana Workforce Commission Worker's Compensation - First Report of Injury or Illness) must also be completed.  This report is generated automatically when the supervisor or his/her designee completes the online accident report.

 

BENEFITS

 

Employees injured while on official school business are entitled to applicable workers’ compensation benefits in accordance with state law.  Workers’ compensation benefits are generally paid in accordance with the following.

 

  1. Weekly workers' compensation wage benefits do not begin until an employee has been disabled for more than one week (7 calendar days).  If the employee is absent for two (2) weeks or longer, he/she is entitled to receive wage benefits for the first week of that disability.

  2. As a general rule, an employee's weekly wage benefits under workers' compensation can be calculated by dividing his/her annual salary by 52 weeks and multiplying by 66-2/3%, up to the maximum average weekly wage (AWW) calculated by the State each year.

  3. Sick leave benefits may be used to supplement workers’ compensation benefits for teachers but only up to 100% of the teacher’s salary at the time of injury.  If a teacher chooses to utilize current and accumulated sick leave benefits, his/her balance of current and accumulated sick leave days will be reduced by the corresponding percentage of the teacher's salary paid for with sick leave benefits.

    If a member of the teaching staff who has chosen to receive both workers' compensation wage benefits and current and accumulated sick leave benefits exhausts all sick leave days, he/she shall thereafter receive only workers' compensation wage benefits.

 

ALCOHOL AND DRUG USE

 

No workers' compensation benefits shall be allowed for an injury caused by the injured employee's intoxication at the time of injury.

 

In order to support a finding of intoxication due to alcohol or drug use, the School Board shall have the right to administer drug and alcohol testing or demand that the employee submit to drug and alcohol testing immediately after the alleged job accident.  If the results of the drug test are positive, or the alcohol tests show blood alcohol equal to or greater than the limits outlined in state law, the employee shall be considered intoxicated, in which case the employee shall not be entitled to any workers' compensation benefits.

 

If the employee refuses to submit to drug and alcohol testing immediately after the accident, then it shall be presumed that the employee was intoxicated at the time of the accident, in which case the employee shall not be entitled to any workers' compensation benefits.

 

All drug and alcohol testing shall be in accordance with state law and School Board policy (see procedures in policies GAMEA, Alcohol and Drug Testing-General Employees and GAMEB, Alcohol and Drug Abuse and Testing-Commercial Drivers’ Licenses Holders).

 

LOSS CONTROL

 

The School Board, recognizing the potential severity of on-the-job injuries and its costs to the school system and employees, shall require the Superintendent to maintain an aggressive loss control program aimed at reducing and controlling risks of personal injury to employees and property damage to School Board facilities.  The loss control program shall assure compliance with all safety and health laws, ordinances, and regulations that apply to the work place.

 

SETTLEMENT OF CLAIMS

 

The Superintendent or his/her designee shall have the right to authorize the settlement of workers’ compensation claims up to $20,000 after consultation with School Board counsel and the third-party claims administrator.  The Superintendent and the School Board President shall have the right to authorize the settlement of workers’ compensation claims between $20,000 and $40,000, but both the Superintendent and the School Board President must authorize such settlement in writing.  The Office of Risk Management shall report all settlements to the School Board quarterly.

 

EARLY RETURN TO WORK

 

The Lafayette Parish School System has adopted a Return to Work Program for purposes of determining if any injured employees are able to return to work with modifications to their job description.  Job modifications shall not affect the essential duties of the job but shall help return the injured employee to work as soon as possible to mitigate workers’ compensation claims cost.  In some cases, the Human Resources Department may identify an open position where the injured employee can be placed in lieu of returning to his/her original position if the employee has permanent physical restrictions which preclude him/her from returning to the original job.

 

Adopted:  October 4, 2000

Revised:  November 4, 2015

Revised:  September 5, 2018

 

 

Ref:    La. Rev. Stat. Ann. §§17:1201, 23:1021, 23:1031, 23:1034, 23:1081, 23:1121, 23:1124, 23:1201, 23:1208.1, 23:1224

Israel v. Gray Ins. Co., 720 So.2d 803 (98-525 La. App. 3 Cir. 10/28/98)

Board minutes, 10-4-00, 11-4-15, 9-5-18

 

Lafayette Parish School Board