4-47: Worker’s Compensation – Procedures

Reporting Procedures

1. All work-related accidents and/or illnesses must be reported to the employee’s immediate supervisor and/or Campus Safety and Security. The immediate supervisor will ensure that the employee receives a First Report of Accident within 24 hours from the time the employee’s supervisor was informed of the accident. Forms are available on the College’s intranet site. And must be delivered to the Office of Human Resources.
2. Even if an employee chooses not to receive medical treatment, the employee must complete a First Report of Accident form to preserve their rights under the federal Workers’ Compensation Program. The employee should complete the form as soon as possible, but no later than 10 days after the injury occurs. The employee should send the form to the Office of Human Resources. Failure to meet the 10-day deadline could jeopardize coverage under the Workers’ Compensation Act.
3. All bills for medical treatment and related items that resulted from a work-related injury or illness should be sent to the Workers’ Compensation Office. Please contact the Office of Human Resources for details.
4. The employee’s supervisor must notify the Payroll Department and the Office of Human Resources, in writing, when an employee misses five (5) or more days of scheduled work due to a work-related injury or illness. The employee is paid for a full day’s work on the date of injury without charging the absence to sick leave, regardless of the time of day the injury occurs. However, if the employee needs therapy and will be out longer than their one-hour lunch then they will have to use their sick time.

Return-to-Work Procedures

1. In accordance with the New Mexico Workers’ Compensation Act, the College administers a return-to-work program for all its employees. An injured or ill employee will be encouraged to return to work as soon as they are released by their health care provider. When an injury or illness covered by the Workers’ Compensation Program involves any lost time, a medical release from their health care provider is required before an employee may return to work and is fit for duty or with modified restrictions. If an employee is only able to return to their existing job with restrictions on certain job activities, the return-to-work is encouraged but must be approved by the health care provider. In such situations, the Office of Human Resources may ask employees to provide documentation of visits with treating medical providers or consult with the treating medical provider directly. The health care provider will document restrictions on a Return-to-Work form and instruct the employee to give this form to the supervisor and the Office of Human Resources. The supervisors should consult with the applicable Human Resources representative and discuss the restrictions on the Return-to-Work form with the dean, director, or department head who will determine if the restrictions can be accommodated. If reasonable accommodations can be made to the essential functions of the job in order to allow an injured or ill employee to return to duty, such accommodations shall be made. These accommodations are known as “restricted duty.” The employee’s supervisor should contact the Office of Human Resources to reach out to the health care provider if there are questions regarding restrictions.
2. In certain cases, a work-related injury or illness may give rise to a disability covered by the Americans With Disabilities Act, 42, USC 12101. In those instances, reasonable accommodations that allow the employee to perform the essential functions of that job shall be made. The employee’s supervisor should work with the employee’s health care provider, the appropriate dean, director, or department head, and the Office of Human Resources to develop these accommodations.
3. If a temporary disability prevents an employee from performing essential job duties, the supervisor, in consultation with the health care provider and the Office of Human Resources may temporarily reassign the employee to other duties that do not adversely affect the disability. The reassignment should not affect the employee’s pay scale. The employee must provide a statement from the health care provider that the employee can perform the reassigned or limited job duties without adverse effect on the temporary disability or the safety of others.
4. If it is determined, after Maximum Medical Improvement, that an injured or ill employee is no longer able to perform the essential functions of the job at which the employee was injured or became ill, with or without accommodation, that employee may then be separated. Individuals who are separated receive first priority for vacant positions at the College of similar or lower classification. In addition, the individual’s health care provider must certify that the individual is medically capable of performing the duties of a job offered as a result of layoff status. The College is not required to create a job that does not currently exist or that is not vacant or funded.

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Updated:        5/9/17

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