Workers’ Compensation benefits are payable to eligible employees due to an accident or compensable injury (event) during the course of performing work for the City. The Florida State Workers’ Compensation Law governs these benefits. Qualified workers’ compensation leave is designated as medical leave in accordance with the Family and Medical Leave Act (FMLA).

When an event occurs, if the employee is released back to work following treatment or may return to work the next day as determined by the authorized physician, the City will pay the employee’s wages for treatment on the day of the event for a qualifying absence. If the authorizing physician takes the employee out of work, the injury is considered compensable for the purpose of eligibility for benefits. In general, to be considered compensable and; therefore, eligible for workers’ compensation coverage, injuries must have happened to an employee, be the result of a workplace injury or illness during the course of employment, and result in impairment and/or lost wages.

The Florida Workers’ Compensation statutory benefits generally do not provide compensation for the first seven days of disability. Therefore, as a benefit to City employees, the City provides “Injury Leave” pay to employees who miss work during the first seven calendar days following an event. Injury Leave is based on an employee’s regularly scheduled workdays during the first seven calendar days following the event and is only available for full-day absences.

Once workers’ compensation coverage begins, an employee who is out of work due to an event is eligible to supplement his workers’ compensation injury pay with accumulated sick, vacation and/or compensatory leave. The employee is responsible to notify his supervisor or Risk Management of his intent to use accumulated leave time to supplement future pay while out of work. The total of workers’ compensation and any accumulated leave supplement shall not exceed the employee’s normally scheduled hours for that work period.

Employee Responsibility

Employees returning to duty should schedule medical/therapy appointments during times that allow them to be away from their assigned duties for the shortest period possible. Time away from work for treatment is not a workers’ compensation covered event.

Returning to Work

Upon returning to work after an absence for an event, an employee must submit a return to work release form DWC-25 to Risk Management as soon as possible. The form will either release an employee to return to normal work duties, or identify any physical restrictions to the type of work that may be performed. Restrictions will be reviewed by the Department Director or his designee and may be rejected if suitable work is not available.

Placement for Duty

If an employee is released by his treating physician to return to work with restrictions that prevent him from performing all the essential functions of his current job and light duty is not available, placement for duty will be considered. Placement is coordinated through Risk Management and must be approved by the Department Director based on the needs of the Department. 

Placement for duty assignments will generally not exceed six (6) months unless approved by the Department Director based on the operational needs of the City. Reevaluation of placement for duty assignments may be performed as needed by Risk Management and/or the Department Director.

Workers’ Compensation benefits may be denied or stopped if an employee refuses to report for duty when directed.

The City is unable to hold positions open indefinitely. Therefore, a determination about an employee’s continued employment will be based on the following:

• Whether the employee has reached maximum medical improvement (MMI)
• The length of time that the employee has been unable to perform the essential functions of his current job
• The likelihood of an employee’s ability to return to work and perform the essential functions of his job within a reasonable time period with or without accommodation
• Alternate placement has not occurred under the Americans with Disabilities Act

Alternate Work Assignments

If placement for duty is not available, Risk Management may coordinate alternate work assignments outside an employee’s Department due to work restrictions. Alternate work assignments are temporary in nature and will generally not exceed six (6) months unless approved by the Department Director based on the operational needs of the City.