IOD Procedures
This is a procedural checklist all members should follow in order to obtain the most efficient outcome from the workers’ compensation process. This list has been established through conversations with the MBTA Claims Representative, as well as our departments Administrative Division Commander. Although there is always a margin for clerical or administrative error to occur during the process, our intention is to arm our members with knowledge to navigate the claims process in the most efficient way possible.
Upon initial injury you must IMMEDIATELY notify your direct supervisor if they are not already aware, or on scene of incident.
The supervisor has access to the First Report of Injury Form and the Accident Report of Treatment (ART) Form, and should complete both forms upon being informed of the incident. Any injury that occurs on duty must be reported to the claims representative by a supervisor.
Once the supervisor completes these forms they should also make a CAD Journal Entry under the code “Injured Officer,” outlining the specific injury that occurred. The Officer involved should also complete a journal/affidavit for the incident if applicable.
If you are transported by EMS on duty and are examined at an emergency room, the discharge paperwork and any doctors notes and/or recommendations, must also be submitted. You should make copies of all paperwork received, and provide a copy to the supervisor who is preparing the rest of your paperwork.
When all necessary forms and journals are completed, an email should be prepared by the supervisor and sent to the claims representative (See bottom for contact information). This email should include the following:
● FIRST REPORT OF INJURY FORM
● ART FORM
● INCIDENT JOURNAL
● INJURED OFFICER JOURNAL
● DISCHARGE PAPERWORK
● DOCTORS NOTES AND/OR RECOMMENDATIONS (If Evaluated)
In the event you are injured and are not immediately evaluated on duty, but seek medical attention at a later date on your own accord, all of these procedures still apply. Both supervisor forms, the incident journal and injured officer journal should still be prepared by a supervisor, and sent in an email to the claims representative. If you never seek medical attention for the injury, you have no further tasks to complete for the incident. If at any point however you seek medical attention to be evaluated for the injury, the discharge paperwork and any doctors notes and/or recommendations must immediately be submitted to the claims representative.
All additional paperwork obtained by additional doctor’s appointments, evaluations, hospital visits, that have any further recommendations for missing work or light duty recommendations must be reported to the claims representative, as well as the Administrative Division Commander, via email, IMMEDIATELY. It is your responsibility to inform both the claim representative and the Administrative Division Commander of any change in your work status after the initial incident or follow up evaluations. For any emails that are sent to the claims representative, an E-Board member and the Administrative Division Commander should also be CC’d.
For any incident that a First Report of Injury Form is completed and submitted to the claim representative, a packet will be sent to the injured officer at his or her address on record. This paperwork needs to be completed and returned to the claim representative as soon as possible, by mail, email or in hand. It is suggested that for any paperwork that is submitted to the claim representative or the administration in hand, an email containing any pertinent information also be sent to facilitate a record.
Time Away From Work
In the event an Officer must miss work due to an on duty incident, the following days are set:
For the first 1-5 days, the officer’s sick time will be used with no reimbursement. If you have SP-5 time in your bank, those days will be utilized first.
For any claim that requires an Officer to miss more than 5 working days, the claim becomes a ‘Payable Claim”, in which workers comp can be paid for time missed.
For any claim that requires an Officer miss more than 21 working days, the first 5 sick days can now be reimbursed in the form of a hard check payment. The officer can then buy back those 5 sick days from MBTA Payroll Workers Compensation which is governed by MGL Ch. 152, please find the link in the “Relative Links” section for more information.
Any officer who is out of work for more than 90 consecutive days, for an on duty injury or any other reason such as military duty or paid administrative leave, a Return To Work form must be completed and submitted to the MBTA Medical Services (clinic), before you can return to duty.
The MBTA Claims Representative
William Killoran
10 Park Plaza Suite 2600A
Boston, MA 02116
E-mail:Wkilloran@mbta.com
Tel: 617-222-3356
Fax: 617-222-1556