San Francisco Unified School District and County Office of Education
Administrative Regulation 4157.1
Work-Related Injuries
This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.
Introduction
In order to provide medical benefits, temporary or permanent disability benefits, wage replacement, retraining or skill enhancement, and/or death benefits in the event that an employee becomes injured or ill in the course of employment, the district shall provide all employees with workers’ compensation benefits in accordance with law. The Superintendent or designee shall develop an efficient claims handling process that reduces costs and facilitates employee recovery.
(cf. 3320 – Claims and Actions Against the District)
(cf. 4032 – Reasonable Accommodation)
(cf. 4113.4/4213.4/4313.4 – Temporary Modified/Light-Duty Assignment)
(cf. 4154/4254/4354 – Health and Welfare Benefits)
(cf. 4157/4257/4357 – Employee Safety)
(cf. 4157.2/4257.2/4357.2 – Ergonomics)
(cf. 4161.11/4261.11/4361.11 – Industrial Accident/Illness Leave)
The Superintendent or designee shall notify every new employee, at the time of hire, of his/her right to receive workers’ compensation benefits if injured at work. (Labor Code 3551; 8 CCR 15596)
(cf. 4112.9/4212.9/4312.9 – Employee Notifications)
California law requires an employer to report within five days, every industrial injury or occupational illness which results in lost time beyond the day of injury or requires medical treatment other than first aid. Likewise, Board of Education policy BP 4157.1 mandates that “Employees shall report any work-related injury or illness to their supervisor as soon as practicable.”
Volunteers, who are unsalaried persons, performing services at SFUSD sites are not eligible to receive Workers’ Compensation benefits.
Notifications
The Superintendent or designee shall post a notice of employee rights related to workers’ compensation and shall provide this information in writing to new employees. (Labor Code sections 3550-3553).
Employees shall also be informed that it is a felony for an employee to make a false workers’ compensation claim. (Insurance Code section 1871.4; Penal Code section 550; Labor Code section 4906).
The Superintendent or designee shall ensure that all employee notices described above are in the form prescribed by the Department of Industrial Relations (DIR), Division of Workers Compensation.
District and Employee Responsibilities
In the event that an employee is injured or becomes ill in the course of employment, the employee shall report the work-related injury or illness to his or her supervisor as soon as practicable. The employee is also to call the nurse triage help line to report the injury and to be directed to medical treatment as necessary. Upon knowledge of a non-emergency work-related injury, the supervisor shall direct the employee to call the nurse triage help line. Call 9-1-1 for medical emergencies.
After the employee is examined, and each time thereafter for any required follow-up treatment, he/she will be provided with a work status report by their treating physician. The employee shall provide a copy of this form to his/her supervisor and to the Office of Risk Management following each appointment.
Within one working day of receiving notice or knowledge of an injury or illness to an employee in the course of employment, the employee’s supervisor shall provide a claim form (Form DWC 1) and Notice of Potential Eligibility for Workers’ Compensation Benefits to the employee or, in the event of an employee’s death, to his or her dependents. The claim form and notice shall be provided personally or by first class mail. (Labor Code section 5401) Employee’s supervisor is responsible for completing the Employer section of Form DWC 1. The completed claim form shall be forwarded to the Office of Risk Management.
In every case involving death or serious injury or illness, the employee’s supervisor must notify the Office of Risk Management. The Office of Risk Management shall immediately make a report by telephone or email to the Division of Occupational Safety and Health. (Labor Code section 6409.1)
Return-to-Work
The District encourages employees to return to work as soon as their injuries and recovery will properly allow. The Return-to-Work program provides modified and transitional work and is available to employees whose physicians have released them to return to work with restrictions. Participation is mandatory for employees who are able perform available modified or transitional work assignments within the physician’s restrictions. Employees refusing such work may not be eligible for temporary disability benefits. Employees who believe they are unable to perform modified or transitional work assignments within their medical restrictions are to return to their treating physician to be reevaluated.
Medical Appointments
An employee who sustains a work-related injury will not be debited sick leave for the day of the injury, provided the employee reports for treatment on that day. Except where modified by the District’s collective bargaining agreements, follow-up appointments with employee’s attending physician for work-related injuries will be charged to sick or vacation time.
Legal Reference:
EDUCATION CODE
44984 Industrial accident and illness leaves, certificated employees
45192 Industrial accident and illness leaves, classified employees
LABOR CODE
3200-4855 Workers’ compensation, especially:
3550-3553 Employee notice
3600-3605 Conditions of liability
3760 Report of injury to insurer
4600 Provision of medical and hospital treatment by employer
4906 Disclosures and statements
5400-5413 Notice of injury or death
6409.1 Reports
INSURANCE CODE
1871.4 False and Fraudulent Claims
PENAL CODE
550 Crimes Against Insured Property and Insurers
CODE OF REGULATIONS, TITLE 8
15596 Notice of employee rights
Management Resources:
DEPARTMENT OF INDUSTRIAL RELATIONS PUBLICATIONS
A Guidebook for Injured Workers, 2016
Notice to Employees — Injuries Caused by Work
Time of Hire Pamphlet
Workers’ Compensation Claim Form (DWC 1) & Notice of Potential Eligibility
WEB SITES
California Department of Industrial Relations, Division of Occupational Safety and Health: http://www.dir.ca.gov/dosh
California Department of Industrial Relations, Division of Workers Compensation:
http://www.dir.ca.gov/dwc
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.