Workers' Compensation Program
E.5.01 - Options
The System shall extend workers' compensation benefits to its employees by choosing one of the following options:
a. Becoming a self-insurer.
b. Providing insurance under workers' compensation insurance contracts or policies.
c. Entering into interlocal agreements with other political subdivisions.
E.5.02 - Definitions
The "Texas Workers' Compensation Act" provides wage replacement, rehabilitation, and medical benefits for employees who become injured or ill in the course and scope of employment, as well as compensation for dependents of an employee who dies as a result of an on-the-job illness or Injury.
"On-the-job Illness or Injury" is a disability, injury, illness, or medical condition that occurred as a result of the employee performing the assigned duties of his or her occupation within the course and scope of employment.
"Modified Duty Assignment" is when an employee, who is released to return to duty in less than a full, unrestricted status by the treating physician may be required to work in a position or department other than his or her original position or department. Duties will be assigned in accordance with the employee's limitations or restrictions, and/or the needs of the System.
"Course and Scope of Employment" is activity of any kind or character that is related to and originates in the work, business, trade, or profession of the employer, and that is performed by an employee while engaged in the business of the employer.
E.5.03 - Coverage
For the purposes of this policy, "employee" means every full-time, part-time, seasonal, or temporary person in the service of the System.
E.5.04 - Reporting Responsibility
The System shall report to its insurance carrier on each:
a. Death;
b. On-the-job injury;
c. On-the-job injury that results in an employee's absence from work for more than one day; and
d. Occupational disease of which the System has received notice of injury or has knowledge.
"Knowledge" means receipt of written or verbal information regarding diagnosis, or diagnosis through examination or testing by a doctor employed by the System.
A supplemental report shall be filed with the System insurance carrier and provided to the employee within ten (10) days after:
a. the end of each pay period in which the employee has a change in earnings as a result of the injury; or
b. the employee resigns or is terminated.
For injuries that require the filing of a first report of injury, the System shall file the supplemental report with the System's insurance carrier after:
a. the employee returns to work; or
b. the employee, after returning to work, experiences an additional day of disability as a result of the injury.
The System shall file a wage statement showing the amounts of all wages paid to the employee.
E.5.05 - Notice to System Employees
The System shall notify its employees:
a. of the Commission's ombudsman program to assist injured workers and persons claiming death benefits in obtaining benefits under the Texas Workers' Compensation Act; and
b. of the 24-hour-a-day toll-free telephone system for reporting violations of an occupational health or safety law.
E.5.06 - No Retaliation or Discrimination
The System shall not suspend, terminate, or otherwise discriminate against an employee for making a good faith report of a violation of an occupational health or safety law.
A person may not discharge or in any other manner discriminate against an employee because the employee has:
a. Filed a workers' compensation claim in good faith;
b. Hired a lawyer to represent the employee claim;
c. Instituted or caused to be instituted in good faith a proceeding under the Texas Workers' Compensation Act; or
d. Testified or is about to testify in a proceeding under the Texas Workers' Compensation Act.
E.5.07 - Sick and Vacation Leave Use
During the time an employee is receiving weekly workers' compensation benefits, the employee may elect to receive previously accrued sick or vacation leave benefits in an amount equal to the difference in the weekly compensation benefit and the weekly compensation the employee was receiving prior to the injury or illness resulting in the claim, with a proportionate deduction in the employee's sick and vacation leave balance. The sum of weekly workers' compensation payments and the amount of sick leave paid shall not exceed the amount of weekly compensation the employee was receiving prior to the illness or injury.