Minnesota Department of Transportation

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MnDOT Policies

Workers' Compensation

MnDOT Policy HR012
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Policy statement

Employees of the Minnesota Department of Transportation (MnDOT) are required to report all work-related injuries or illnesses within 24 hours or by the end of the next business day. Because of the varying issues and factors involved in an employee returning to work after a work-related injury or illness, each situation requires careful review on a case-by-case basis. When appropriate and in accordance with the law, rules, regulations, and collective bargaining agreements/plans, placement of a qualified employee in another job may occur, based on qualifications.

Reason for policy

  • Ensure employees with a work-related injury or illness are able to safely return to work;
  • Ensure consistent reporting and return to work procedures for employees with work-related injuries or illness;
  • Ensure compliance with MnDOT policies Reasonable Accommodation, and Family Medical Leave (FMLA), the law, rules, regulations, and collective bargaining agreements/plans.

For employees who are returning to work from a non-work related injury or illness, see the MnDOT Return to Work Policy.

Who needs to know this policy

  • All employees
  • Managers/supervisors
  • Office of Human Resources
  • Office of Affirmative Action
  • Workers’ Compensation Coordinators

Procedures

The employee, supervisor and Workers’ Compensation Coordinator must take the following actions when a work-related injury or illness occurs:

Employee required actions

  • In a medical emergency, call 9-1-1 for immediate medical attention;
  • In a non-emergency medical situation, the employee needs to contact CorVel at 612-436-2542 or 1-866-399-8541 to find the nearest network medical provider;
  • The employee must immediately notify his/her supervisor or designee;
  • The employee must complete the following forms and submit to the supervisor (or supervisor’s designee) within 24 hours of the event or by the end of the next business day:

Supervisor required actions

  • The supervisor (or supervisor’s designee) must complete the following forms and submit to the Workers’
    Compensation Coordinator within 24 hours of the event or by the end of the next business day.
  • If the accident/event results in a significant injury or illness, the supervisor must notify the Workers’
    Compensation Manager as soon as possible but not more than eight (8) hours after the event has occurred. A significant injury or illness includes workplace events such as fatalities, serious or life-threatening injury or illness resulting in hospitalization.
  • If a significant event occurs, which the employee either witnesses or is a part of, the supervisor must contact the Workers’ Compensation Coordinator within 24 hours or by the end of the next business day. A significant event includes exposure to situations or circumstances that could lead to future injury or illness (examples include chemical exposure or employees who have witnessed a gruesome accident).

Workers’ Compensation Coordinator required actions

  • The Coordinator must submit the Workers’ Compensation forms to the Minnesota Department of Administration – Risk Management Division (RMD) for claims determination.
  • A copy of the employee’s position description and/or essential job functions go to CorVel in accordance with
    managed care rules, MN Rule 5218.0100.

A work-related injury or illness may also be a Family Medical Leave (FMLA) qualifying event that may run concurrently with absences related to the injury or illness.

Returning to Work

To ensure that it is medically appropriate for the employee with a work-related injury or illness to return safely to work, it is necessary to complete a Report of Workability (eDOC, note: for employees only) form or a written statement from the treating health care provider. The Report of Workability (eDOC, note: for employees only) form or the written statement must go to the Workers’ Compensation Coordinator prior to returning to work and who in turn will notify the supervisor. The employee may return to the position held prior to the time of injury or illness, or be placed in jobs for which they are qualified, consistent with all the law, rules, regulations and collective bargaining agreements/plans.

No Work Restrictions

The employee must obtain a completed (Report of Workability form - eDOC, note: for employees only) or a written statement from the treating health care provider indicating the employee can return to work with no restrictions. Submit the statement to the Workers’ Compensation Coordinator prior to returning to work or upon receipt from the treating health care provider.

Temporary Work Restrictions

If the healthcare provider recommends temporary work restrictions, the Workers’ Compensation Coordinator, in
consultation with the supervisor and/or Human Resources, will determine whether the employee can return safely to his/her current position or if a suitable transitional work assignment is available. Any transitional duty assignment must comply with applicable laws, rules and regulations.

An employee with a Workers’ Compensation injury or illness will have priority placement in a transitional duty assignment.

The employee must obtain a completed Report of Workability (eDOC, note: for employees only) form or written statement from the treating health care provider indicating the following:

  • Nature of the temporary restrictions;
  • Date of reevaluation or return to work date without restrictions.

The Workers’ Compensation Coordinator, in consultation with the supervisor and/or Human Resources, determine the availability and suitability of a temporary transitional work assignment for the injured or ill employee, based on the written statement from the treating health care provider or other authorized medical provider.

Permanent Work Restrictions

If the treating health care provider’s Report of Workability (eDOC, note: for employees only) form or written statement indicates that the employee has a permanent work restriction, the Workers’ Compensation Coordinator, in consultation with Human Resources and Affirmative Action, will evaluate whether the restriction prevents the employee from performing an essential function(s) of his/her job.

If the restriction prevents the employee from performing an essential function(s) of his/her job, the Workers’ Compensation Coordinator, in consultation with Human Resources and Affirmative Action, will initiate the Reasonable Accommodation Interactive Process.

  • The employee must obtain a completed Report of Workability (eDOC, note: for employees only) form or written statement from the treating health care provider indicating the nature of the permanent work restrictions.
  • If the employee is unable to return to his/her former position, Human Resources and the Workers’ Compensation Coordinator will determine the availability and suitability of an alternate position within MnDOT, in compliance with collective bargaining agreements or plans.

Forms/Instructions

Forms that must be completed within 24 hours of every incident or by the end of the next business day

Forms required for every incident receiving medical attention

Process

Definitions

Acceptance of Claim

If the claim is determined to be compensable by the Minnesota Department of Administration – Risk Management Division (RMD), the claim is accepted and benefits are paid.

Denial of Claim

If the claim is not compensable as determined by the Minnesota Department of Administration – Risk Management Division (RMD), no benefits are paid.

Designee

A supervisory designee acts on the supervisor’s behalf when the supervisor is absent. The reporting requirements for a work-related injury or illness are the same.

Occupational Illness

Any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment. It includes acute and chronic illnesses or diseases caused by inhalation, absorption, ingestion, or direct contact.

Report of Workability or Written Statement

It is preferred that the healthcare provider use the MnDOT Report of Workability (eDOC, note: for employees only) form but a written statement may be accepted provided they include information sufficient to document the employee’s capabilities upon return to work. The treating healthcare provider should provide a completed Report of Workability form or written statement following each appointment.

Significant Event

A significant event includes exposure to situations or circumstances that could lead to future injury or illness (examples include chemical exposure or employees who have witnessed a gruesome accident).

Significant Injury or Illness

A significant injury or illness includes workplace events such as fatalities, serious or life-threatening injury or illness resulting in hospitalization.

Temporary Transitional Work Assignment

The temporary transitional work assignment permits the employee to return to work within the medical restrictions as outlined by the treating health care provider or other authorized medical provider. Temporary transitional work assignments should not exceed six months.

Treating Health Care Provider

The treating health care provider manages employee medical care.

Responsibilities

Human Resources

  • Work with and advise the Workers’ Compensation Coordinator regarding:
    • FMLA qualifying leave
    • Job opportunities within the agency when permanent restrictions are determined
    • Leave of absence and separation issues

Office of Administration, Workers’ Compensation Manager

  • Serve as MnDOT’s internal consultant to offices/districts regarding specific workers’ compensation claims and case management.
  • Develop, conduct and coordinate training, provide information for office/district workers’ compensation coordinators, safety administrators, managers, supervisors and employees regarding the claims process.
  • Act as the primary point of contact for Minnesota Department of Administration – Risk Management Division (RMD), the Department of Labor and Industry Worker’s Compensation Division when a significant injury occurs.

Workers’ Compensation Coordinators

  • Work with the Minnesota Department of Administration – Risk Management Division (RMD), to facilitate the management of a claim from initial filing to final closing.
  • Facilitate the return to work process for injuries or illnesses involving temporary and/or permanent work restrictions.
  • Work with Affirmative Action to evaluate the need for reasonable accommodation where applicable.
  • Assist with a written job offer to the injured or ill employee with the permanent loss of abilities, within 90 days of achieving maximum medical improvement as documented by the treating health care provider.

Employees

  • Report and complete paperwork documenting injury or illness and submit to supervisor.
  • Promptly provide a completed Report of Workability (eDOC, note: for employees only) form or a written statement from the treating health care provider.
  • Actively participate in the return to work process.

Office Directors/District Engineers

  • Be familiar with this policy.

Managers/Supervisors (or designee)

  • Complete all agency claims investigation forms within 24 hours or by the end of the next business day.
  • Maintain regular contact with the employee.
  • Support the employee’s return to work.

Related information

History of policy updates or amendments

1998-04-07, Established
2008-09-18, Revision 1
2015-03-19, Revision 2

Ownership

Responsible Senior Officer

Tracy Hatch
Deputy Commissioner/CFO/COO

Policy Owner

Suzanne Thayer
Director, Administration

Policy Contact

Sue Kielty
Workers’ Compensation Program Manager
sue.kielty@state.mn.us
218-725-2806 (office)
218-481-4033 (cell)