Md. Code Regs. 17.04.11.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 17.04.11.07 - Work-Related Accident Leave

A. Eligibility for work-related accident leave is governed by State Personnel and Pensions Article, Title 9, Subtitle 7, Annotated Code of Maryland.

B. Notice of Right to File Workers' Compensation Claim. Within 14 days of receiving notice that an employee has been disabled by a work-related injury, the appointing authority shall notify the employee, in writing, of the employee's right to file a claim with the Maryland Workers' Compensation Commission.

C. Employee's Notice of Accident; Appointing Authorities Reports.

(1) The employee, or an individual acting on the employee's behalf, shall provide oral or written notice of the accident to the employee's appointing authority immediately after the accident occurs.

(2) The employee, or an individual acting on the employee's behalf, and the employee's supervisor, shall complete a report of injury, and provide this report and any available health care provider reports to the employee's appointing authority, within 3 working days after the accident occurs.

(3) The employee's appointing authority shall file an employer's first report of injury with the Injured Workers' Insurance Fund immediately after receipt of the report of injury specified in §C(2) of this regulation.

D. Employee's Claim; Medical Examinations. The Injured Workers' Insurance Fund or the employee's appointing authority, or both, may refer an employee to a health care provider for examination to determine the nature and extent of the injury, the employee's progress toward recovery, the length of time necessary for recovery, and an estimated date of return to work. An appointing authority who refers an employee to a health care provider shall file with the Injured Workers' Insurance Fund a report stating the circumstances of the referral and the health care provider's prognosis.

E. Granting of Work-Related Accident Leave; Notification of Compensability or Noncompensability by Workers' Compensation Commission.

(1) The appointing authority shall grant work-related accident leave to an employee in accordance with State Personnel and Pensions Article, § 9-702, Annotated Code of Maryland.

(2) If a Workers' Compensation Commission order determines that the injury is not compensable, the appointing authority shall correct the employee's leave record to reflect a conversion of the work-related accident leave which was granted in advance of the notification under §F(1) of this regulation, to leave with pay, or, if the employee does not have leave with pay, to leave of absence without pay.

(3) The employee shall reimburse the State for any leave advanced under this section for an injury which is subsequently determined to be noncompensable.

(4) If a compensable injury is caused by a third person, the State, after written notice to the injured employee, shall be subrogated to the rights of the employee to the extent of any compensation paid or owed. If the employee fails to enforce a claim against the third person, the State may bring an action in its own name, in accordance with State Personnel and Pensions Article, § 9-705, Annotated Code of Maryland.

F. Temporary Total Benefits; Medical and Hospital Expenses.

(1) An injured employee may be entitled to temporary total benefits for loss of wages according to the Maryland Workers' Compensation Act only after all available work-related accident leave has been used.

(2) Medical and hospital expenses may be paid on behalf of an injured employee in accordance with the Maryland Workers' Compensation Act.

G. After an employee has used work-related accident leave for an injury for 6 continuous months and the employee continues to use work-related accident leave immediately following that 6-month period, the work-related accident leave shall be recorded as work-related accident leave with sick pay, which is exempt by federal law from Social Security taxes, on all time-keeping records beginning on the first day of that month that follows the last day of the 6-month period.

Md. Code Regs. 17.04.11.07