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Policies & Procedures - Workers' Compensation

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

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A. In the event of an accidental injury arising out of and in the course of employment with the State, which is covered under Workers’ Compensation, a disabled employee shall make an election to receive compensation under one of the following methods:

    1. To be placed on paid leave status using accrued sick and/or annual leave. When such leave credits are exhausted before the employee can return to work, the employee shall be entitled to Workers’ Compensation disability benefits at the time the specified amount of leave is exhausted.
    2. To use Workers’ Compensation benefits awarded in accordance with Title 42 of the 1976 Code of Laws. The employee would receive the disability benefits equal to 66 2/3% of the employee’s gross weekly pay, not to exceed the established maximum rate.
    3. To receive sick and/or annual leave on a pro rated basis in conjunction with Workers’ Compensation according to the formula approved by the Budget and Control Board.

    Before the election is made, the effect of each available option on the employee’s future leave must be explained to the employee by the Human Resources Department. The election must be in writing and signed by the employee and the Human Resources Staff member who explained the options. The election of the employee is irrevocable as to each individual incident. Regardless of which method of disability compensation an employee elects, he/she would continue to be eligible for payment of medical costs provided by the State Accident Fund. Leave under this section may qualify as FMLA and, if so will run concurrently.

    B. The Citadel employees are protected under the South Carolina Workers' Compensation Law in the event that physical injury or occupational illness arises out of and while in the course of performing official College duties.

    This law can provide the following benefits for work injured employees.

          1. All prescribed medical treatment and prescription charges necessary to resolve the injury or to bring about maximum medical improvement of a permanently impairing condition.
          2. Emergency medical transportation when needed. Also, travel mileage reimbursement for medical treatment more than five (5) miles from the employee's residence.
          3. Compensation for loss of pay from work injury absences beyond seven (7) calendar days.
          4. Compensation for permanent impairment, serious disfigurement, or death.

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