05:10:00 Workers Compensation and General Claims Process

Purpose

To provide guidance on how to file claims relative to situations in which a party alleges wrongdoing by the institution.

Policy

I. Introduction

Claims which are within the jurisdiction of the Tennessee Claims Commission include claims alleging injury resulting from negligence of the institution and workers compensation claims. All workers compensation claims are investigated, processed, and adjudicated by a contracted agency. All other types of claims will be handled by the Division of Claims Administration of the State of Tennessee. Specific examples of incidents which may give rise to such claims and the office designated to process claims originating with employees of Walters State Community College follow:
 

II. Workers Compensation

In the event of an on-the-job injury (or work incurred illness) which requires treatment by a medical professional or facility, the faculty or staff member should file a claim for coverage under the workers’ compensation law. Such incident should be initially reported to Campus Police or the assistant vice president for Human Resources who will refer the individual to a physician or facility designated by contracted authorities, if necessary. A State of Tennessee Accident Report will be initiated by campus police and the supervisor of the injured employee. The completed Accident Report should be returned to the Human Resources Department for submission to the worker’s compensation contracted agency. It is very important that all accidents be reported and all claims be filed in a timely manner. The statute of limitations for filing a Tennessee workers’ compensations claim is one year from the date of work incurred injury (or illness). All injuries are to be reported in 30 days or less to the employee’s supervisor or the Human Resources Department.

III. Payment of Workers Compensation Claims

Payment of workers’ compensation claims is made by the contracted agency. Given timely reporting of work related injury and cooperation by the employee, the employee’s supervisor and the attending physician, the eligibility decision can normally be made within 14 days of filing. Once compensability is determined, the contracted agency will make medical expense and lost time payments on the state’s behalf in accordance with state law including payment of permanent disability amounts when appropriate.

IV. Liability of State Employees

Liability coverage for state employees is a matter under the purview of the Tennessee Claims Commission. This may include, but is not limited to, claims relating to professional malpractice and accidents negligently caused by state employees acting within the scope of their employment. The Tennessee Board of Regents General Counsel has expressed the opinion that there is no need for the individual employee to maintain additional liability coverage and that the state plan adequately covers employees at all levels who are executing their duties in accordance with the requirements for their jobs, state law and institutional policy. Questions or problems relative to the liability of individual employees should be referred to the vice president for Business & Finance or the assistant vice president for Human Resources. 10/97; 08/04; 09/06; 07/12; 05/16