What is Workers Compensation?
Workers’ Compensation is a state-regulated insurance program that pays reasonable and necessary medical costs if you have a compensable on-the-job injury. Under workers’ compensation law, your injury or illness is covered, without regard to fault, if it was sustained in the course and scope of employment while furthering the business affairs of your employer. This includes injuries sustained during work-related travel. Injuries are not covered if they are the result of horseplay, willful criminal acts or self-injury, intoxication from drugs or alcohol, voluntary participation in an off-duty recreational activity (even if on district property), a third party’s criminal act if directed against the employee for a personal reason (unrelated to work) or acts of God.
When am I required to report an injury?
At Magnolia ISD, we require all employees to report on-the-job injuries to their supervisor within 24 hours. Whether you intend to seek medical attention or not, all work injury incidents should be reported to your supervisor by the conclusion of the workday. Your school or department will then report all on the-job injuries to the Risk Manager. Medical providers verify injuries with Risk Management prior to providing treatment. Therefore, proper and timely reporting is essential.
How do I choose a doctor that accepts workers’ compensations?
You may initially choose to see a doctor of your choice as long as they accept workers’ compensation insurance. Personal insurance is not intended to pay for treatment due to the effects of an on-the-job injury.
How much does Workers’ Compensation (WC) pay if I am unable to work?
Workers’ compensation will replace 70% of your lost wages (if your earnings exceed $10.00 an hour) or 75% of your lost wages (if your earnings are less than $10.00 an hour). However, the payment of lost wages is subject to a maximum rate as determined by the State each year. If your injury causes you to be unable to work for more than seven (7) calendar days as supported by medical documentation, then you may become eligible for temporary income benefits on the eighth day of disability. Temporary income benefits are not paid for the first seven (7) days after your injury (known as the “waiting period”) unless your disability extends for more than 14 days.
How does being off work affect my paycheck from Magnolia ISD?
If you are unable to work, Board Policy (CRE-legal and local, DEC-legal and local) allows you to choose to use any available local/state leave days to supplement your workers’ compensation income benefits. If you have exhausted all of your leave days or elect not to use them, then you will be docked your full daily rate (including the initial 7-day calendar waiting period), but you will receive temporary income benefits as specified above. The combination of using local/state days and receiving temporary income benefits may not exceed 100% of your regular pre-injury salary.
How am I paid for my first seven days off work due to my work-related injury?
According to the Texas Department of Insurance, Division of Workers’ Compensation (DWC) regulations, Magnolia ISD does not pay injured workers for the first seven days off work. However, you may choose to use your accrued leave for the first seven days as explained in MISD board policy CRE (LEGAL).
Why do I have to use my own local/state days when I was injured at work?
The timing and payment of workers’ compensation income benefits is governed by the Texas Labor Code. In accordance with the Texas Labor Code, your period of disability must exceed 14 days before you will be entitled to receive temporary income benefits for the first seven (7) days of your lost time.
What if my doctor says I can go back to work, but I don't think I can?
If Magnolia ISD tenders a bona fide offer of employment to you based on your current restrictions and you choose not to accept that offer, you may lose your entitlement to temporary income benefits. A bona fide offer of employment is an employer's letter offering you modified or alternate work to be done on a temporary basis consistent with your medical restrictions.
Does leave and workers’ compensation provide an employee with the same level of job protection?
Leave provides full or partial pay and rights to be restored to the same or equivalent position. Specific rights are dependent upon the type of leave. In contrast, workers’ compensation does not provide leave benefits or job restoration rights. An employer can fill the position of an injured employee on a case-by-case basis due to a business necessity. Workers’ compensation is an indemnity plan that provides injured employees with necessary medical treatment and, in some cases, income replacement benefits. Income benefits include:
- Temporary Income Benefits (TIBS)
- Impairment Income Benefits (IIBS)
- Supplemental Income Benefits (SIBS)
- Lifetime Income Benefits (LIBS)
What to do if I receive an invoice for an injury that was treated under Workers’ Compensation?
Invoices should be sent to Risk Management immediately to one of the following options:
- Inter-Office Mail: Stephanie Skinner, Human Resources
- Email: sskinner2@magnoliaisd.org
- FAX: 281-259-7459