An on-the-job injury is any accident or injury to the employee occurring during the performance of duties or when directed or requested by the employer to be on the property of the employer which prevents the employee from working or returning to his or her job. Incidents that occur during rest breaks or lunch periods; accidents resulting from carelessness or violation of published safety rules; and injuries caused by the behavior of fellow employees are subject to the judgment of the President as to whether they are job related. There must be clear and convincing evidence that the injury was job-related; was not a result of intentional harm, carelessness, intoxication, provocation, or other inappropriate behavior of the injured employee; and was not the result of a pre-existing condition for the President to determine an employee had an on-the-job injury. The NACC President is authorized to approve payment of salaries and fringe benefits for the equivalent of up to 90 working days for absences arising from on-the-job injuries to employees when the President has determined that an employee (1) has been injured on the job and (2) cannot return to work as a result of the injury. Accrued leave shall not be deducted from the employee’s account if absence from work results from an on-the-job injury, as approved by the President, unless the absence exceeds 90 working days. The continuation of salary and fringe benefits for the appropriate amount of working days shall be consistent with the employee’s injury and the subsequent absence from work resulting from the injury. Employees are not precluded from using accrued leave for an absence or absences resulting from an on-the-job injury, if they elect. Continuation of an employee's salary or wages paid shall be computed based on a daily rate and will be subject to the requirements outlined in Board Policy 610.02. This policy shall apply to temporary disability of the employee as applicable to the on-the-job injury.
A temporary disability is defined as a physical injury or malady necessitating absence from regularly scheduled duties but allowing for a reasonable expectation that the employee will return to duty. A permanent disability is an injury or malady of such severity that there is no reasonable expectation that the employee will return to duty.
The following requirements shall apply to review and approval of salary continuation due to on-the-job injuries:
- An injury incurred during the performance of duties must be reported to the President or Human Resources Director within 24 hours of its occurrence by completing the Job-Related Injury form, available from the Office of Human Resources. If unavailable, the employee should report the injury to his or her direct supervisor who should then report the event to the Human Resources Director. Employees should make these reports regardless of whether they intend to seek medical attention. If the employee is not clinically able to submit notification, such notification may be made by an individual representing the employee or on behalf of the employee. Such an individual must be reasonably knowledgeable concerning the injury and the condition of the employee. Only the President has the right to determine whether leave or continued benefits are to be granted in cases of reported job-related injuries (Board Policy 610.02, 4/10/19).
- The college must receive within 72 hours after the notification of an on-the-job injury satisfactory evidence that the injury was on-the-job in the form of a statement from one or more witnesses who saw the incident causing the injury, or a signed, notarized statement from the injured employee if there were no witnesses. In the event of an alleged stress-related injury, a sworn statement from the employee and a supporting statement from the employee’s licensed healthcare provider shall be required.
- In the event the employee incurs the third absence related to the on-the-job injury, the College or entity must receive certification from a licensed healthcare provider, obtained at the employee’s expense, as to the injury’s severity and prognosis. The college or entity must receive the certification within three work days from the third absence.
The employee must provide the College with notification from the licensed healthcare provider that the employee is released to return to regular duty. The college must receive the notification immediately upon release by the licensed healthcare provider. Upon the President’s receipt of a licensed healthcare provider’s certification that an on-the-job injury is the cause of partial or total permanent disability, the employee shall be informed promptly about his or her right to bring a claim before the Alabama State Board of Adjustment. Acceptance by an employee of salary and benefits continuation payments for a perceived temporary disability due to an on-the-job injury shall be upon the condition that the employee agrees to the deduction of the amount paid for temporary disability from any subsequent award by the Alabama State Board of Adjustment in the event the disability is subsequently determined to be permanent.