1701 Workers’ Compensation and Special Injury Return-To-Work Program

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1701

Workers’ Compensation and Special Injury Return-To-Work Program

Release Date:

April 1, 2000

Revised Date:

June 26, 2026

Next Review Date:

June 25, 2028

References:

O.C.G.A. § § 34-9-1 through 34-9-367 — Workers' Compensation
O.C.G.A. § 45-7-9 — Line-of-Duty Injury
Rules of the State Personnel Board 478-1-16 — Absence from Work
U.S. Equal Employment Opportunity Commission Enforcement Guidance 915.002
DHS Human Resources Policy #1302 — Alcohol and Drug Testing Programs

The Department of Human Services (DHS) is concerned about the health and safety of all its employees. Supervisors should be alert to any situation which could result in potential injury or illness to employees, clients, and customers. Employees are to immediately bring any potentially unsafe or unhealthy working condition to the attention of their supervisors for review and resolution.

When work-related injuries, illnesses or exposures to occupational disease occur, all employees will be returned to work, whenever feasible, as quickly and safely as possible. DHS adopted a comprehensive Return-to-Work (RTW) Program to accomplish this objective. Supervisors should contact the Office of Human Resources (OHR) Workers’ Compensation Coordinator for additional information regarding this program.

​Section A: Eligible Employees

  1. All full-time and part-time employees in classified and unclassified positions are eligible for the Return-to-Work Program.

  2. Temporary and hourly employees who are short-term or hired for a specific project or function are not eligible for the Return-to-Work Program.

    All leave-related requests will be assessed in accordance with DHS Policies 1005: Family and Medical Leave and 1006: Absence from Work, unless OHR determines that a request pertains to the provisions outlined in DHS Policies 1701-1704.

​Section B: Procedures

  1. Please read DHS Policy #1701 A1: Workers’ Compensation Reporting Instructions. A current Managed Care Organization Notice, Bill of Rights for the Injured Worker, Workers’ Compensation Fraud Notice and Workers’ Compensation Reporting Instructions must be posted in prominent places at each work location. To receive these documents, please contact the OHR Workers’ Compensation Coordinator.

  2. Whenever a work-related injury, illness or exposure to occupational disease occurs, the employee is to be given work time to seek appropriate medical attention.

  3. All employees whose injuries, illnesses, or exposures to an occupational disease that result in the filing of a Workers' Compensation claim are subject to drug testing. See Section D of this policy for additional guidance.

  4. Medical treatment must be rendered by a network provider. The Managed Care Organization (MCO) must refer the employee to a network provider unless an emergency exists. Failure to comply will result in non-payment of treatment by the Department of Administrative Services (DOAS) Workers’ Compensation Program.

    1. In the event of an emergency, appropriate medical attention for the employee should be sought immediately (e.g., call 911 or transport to an emergency room). In an emergency, treatment does not have to be provided by a network provider. All follow-up care must, however, be provided by a referral from the MCO.

    2. If the injury, illness or exposure requires immediate medical attention and transportation is not otherwise available, the employee may be transported by the supervisor or qualified designee to a nearby hospital. Time used to transport the employee is considered work time. The driver must have a valid driver’s license.

    3. If possible, the employee may transport himself/herself.

    4. Where practicable, transportation should be provided using a state-owned vehicle.

    5. If a state-owned vehicle is not available, the supervisor or designee may determine that it is appropriate to use a personal vehicle to transport the employee.

    6. The supervisor or designee may be reimbursed for mileage, parking fees and other expenses incidental to the use of the personal vehicle for such transportation.

    7. It is the responsibility of the supervisor or designee to ensure that any personal vehicle used is insured against loss. Private vehicles are not insured by the State, even when they are used to conduct state business.

    8. A Georgia Activity Analysis Form must be completed in advance and placed on file for the employee’s position. The employee, supervisor or designee is to present the completed DHS Policy #1701 A2: Georgia Activity Analysis form to the treating physician for review after the initial examination of the employee.

    9. If the employee is dissatisfied with the physician selected from the MCO, a second selection from the MCO may be made without permission. Any further changes require permission from the OHR Workers’ Compensation Coordinator or a DOAS Workers’ Compensation Claims Adjuster.

  5. After ensuring that proper medical treatment has been arranged, the supervisor or designee is to report all injuries, illnesses and exposures to occupational disease that require medical treatment or result in time lost from work through the telephonic reporting system at 1-877-656-7475.

    In the event that an injury, illness or exposure to occupational disease completely incapacitates an employee, the supervisor should immediately contact the Workers' Compensation Coordinator to determine next steps for reporting the claim via the telephonic reporting system at 1-877-656-7475.

    1. The report should be submitted immediately via the telephonic reporting system at 1-877-656-7475 and in no case more than 24 hours from the time the supervisor or designee has knowledge of the injury, illness, or exposure to occupational disease.

    2. The supervisor or designee should have a copy of the DHS Policy #1701 A2: Georgia Activity Analysis form available in order to respond to questions asked via the telephonic reporting system at 1-877-656-7475.

  6. If the injury, illness, or exposure to occupational disease does not require medical treatment and does not result in lost time from work, the supervisor or designee should complete the DHS Policy #1701 A3: Incident Report form and retain for their records.

  7. The supervisor or designee should also forward a copy of the completed DHS Policy #1701 A3: Incident Report form to the OHR Workers’ Compensation Coordinator for OHR’s records, with the subject line Unreported Claim for Employee Name (EID#000000).

  8. A determination based on the DHS Policy #1701 A2: Georgia Activity Analysis form must be made by the treating physician regarding the employee’s ability to immediately return to regular or modified duty.

    1. If the physician is unable to release the employee immediately to regular or modified duty, the employee will not return to duty that day.

    2. The DHS Policy #1701 A4: Detailed Job Analysis form may be completed for review by the treating physician as determined necessary or appropriate.

    3. Responsibilities and duties identified for the employee must contribute to the success of the Department while ensuring the employee’s safety.

    4. If possible, tasks should resemble the employee’s regular work and be within the same functional unit. If this is not feasible, however, other alternatives should be considered in accordance with Section D of this policy and the following guidelines:

      1. Focus on unique skills and abilities of the employee,

      2. Consider duties outside of the employee’s regular work unit,

      3. Provide tasks which must contribute to the success of the Department,

      4. Explore training or other on-the-job learning experiences to help enhance the skills of the employee,

      5. Allow an employee to share skills through mentoring other employees, and

      6. Provide employees with special projects which need to be completed.

        The employee will not be charged leave for the absence from work on the day of the injury, illness, or exposure to occupational disease.

​Section C: Telework

  1. The employee’s alternate worksite is considered an extension of their DHS workspace. When the employee is performing official duties in the designated work area of the telework site during their designated work hours, they will be covered by Workers’ Compensation. Please note, attending to non-work related matters is not considered performing official duties.

  2. For purposes of Workers’ Compensation coverage, the teleworker’s “designated work hours” are the hours specified by the employee on the DHS Policy #111 A5: Telework Agreement and the “designated telework site” is the area specified by the employee on DHS Policy #111 A3: Telework Workspace Self-Certification. Employees and supervisors must take care to describe workspace and work hours on the appropriate forms to avoid confusion over Workers’ Compensation coverage.

  3. DHS assumes no liability for injuries occurring at the teleworker’s alternate worksite outside of the agreed-upon work hours and/or outside of the agreed-upon designated workspace. The teleworker must report on-the-job injuries to their supervisor, as soon as possible after the accident/injury occurs and submit supporting medical documentation of the accident/injury to their supervisor and/or designated Human Resources Representative as soon as such documentation becomes available.

  4. If necessary, teleworkers shall permit the appropriate DHS representative to access the telework site to investigate an injury report.

  5. For additional information, please refer to DHS Policy #111:Telework.

​Section D: Drug Testing

  1. All employees involved in auto accidents while on duty are subject to automatic reasonable suspicion drug testing.

  2. The supervisor or designee should immediately consult with their designated Human Resources Representative to ensure the employee is sent for a reasonable suspicion drug test.

  3. The designated Human Resources Representative should handle all Workers’ Compensation drug testing in accordance with Section C of DHS Policy #1302: Alcohol and Drug Testing Programs.

    Employees arrested and/or charged, after date of hire, with DUI or any motor vehicle violation involving the implied or actual use, purchase, possession, solicitation, or manufacturing of any illegal substance while operating any vehicle (i.e., personal, state-owned, etc.) shall be automatically subject to a reasonable suspicion drug test.

​Section E: Americans with Disabilities Act

  1. If the employee returning from a workers’ compensation/special injury absence due to an injury, illness or exposure to occupational disease is an individual with a qualifying disability, the employee’s need(s) will be addressed under the Americans with Disabilities Act (ADA).

  2. The OHR – Compliance Management Unit will coordinate this process to ensure compliance with all related ADA statutes.

  3. When the OHR – Compliance Management Unit receives notification from DOAS’ Workers’ Compensation Program that a DHS employee requires reasonable accommodation(s), the ADA Coordination team will review the request in accordance with DHS Policy #1704: Americans with Disabilities Act.

​Section F: Family and Medical Leave

  1. A work-related injury, illness or exposure to occupational disease may qualify as a serious health condition under Family and Medical Leave (FML). An employee may be placed on available FML during the workers’ compensation/special injury absence, which may run concurrently.

  2. During the employee’s absence, the treating physician providing medical care pursuant to workers’ compensation/special injury may certify that the employee is able to return to work with or without restrictions or in an alternative position.

    1. If the employer offers such a position, the employee is permitted but not required to accept the position.

    2. If the employee does not accept the alternative position, the employee may no longer qualify for payments from the workers’ compensation/special injury benefit plan, but the employee is entitled to continue on FML, either until the employee is able to return to the same or equivalent job the employee left or until the twelve (12) work week FML entitlement is exhausted, whichever is first. Please refer to DHS Policy #1005: Family and Medical Leave for additional information.

​Section G: Non-Compliance with Return-To-Work Program

  1. If an employee refuses (or otherwise through their actions declines) to participate in the Return-to-Work Program, their designated Human Resources Representative should be notified.

    1. Refusal to return to work and refusing to follow directives given by a supervisor in a job where the responsibilities and duties have been approved by the treating physician may jeopardize an employee’s workers’ compensation/special injury benefits.

For additional information or assistance, please contact your designated Human Resources Representative.