Employees covered under Wyoming Workers' Compensation Insurance are those working in jobs defined by the state as extra-hazardous occupations, as listed below: 

1. Transportation employees (excluding safety patrol and non-special education bus assistants), special education bus assistants, and mechanics
2. Custodians and maintenance personnel
3. Nutrition Services personnel
4. Professional Nurses
5. Industrial arts and agriculture teachers (shop instructors), family and consumer science instructors (FACS), and science teachers
6. Printing department personnel
7. Warehouse personnel
8. Electronics technicians
9. Special Program assistants, while working directly with a student receiving special education services
10. Certified special education teachers and related service providers, while working directly with a student receiving special education services

This list is subject to change as required by state statute.

If an employee covered under Wyoming Worker's Compensation is injured while working, they should notify their supervisor immediately.  The supervisor will assist the employee in completing the Wyoming Worker's Compensation Claim Form.  It is the employee's responsibility to ensure the claim form and supporting medical documentation is submitted to the Safety Manager in a timely manner.  In addition, if the employee is expected to miss three or more days of work due to the injury, the employee should also provide documentation to Human Resources.  Wyoming Worker's Compensation requires claims be filed within 10 business days of the work injury.

The District will file all necessary paperwork and provide support and resources for the injured employee, but all decisions and communication regarding claim approval and denial will be made by the Division of Wyoming Worker's Compensation.

If an employee's claim is approved, the employee is responsible for providing their claim number to all treating medical providers related to their work injury.  All injury related medical bills must be sent directly to the Division by the provider.

TEMPORARY TOTAL DISABILITY

If an employee misses three consecutive days of work due to a work injury, they may be eligible for temporary total disability (TTD).  The TTD start date is based on the date the doctor certifies an employee unable to work, and will not be allowed for the first three days of disability, unless the employee is off more than eight days.

All TTD benefits will be calculated by Wyoming Worker’s Compensation. TTD benefits are equivalent to two-thirds (2/3) of an employee’s gross monthly wage at the time of injury, but cannot exceed the Statewide Average Wage for the quarter the employee was injured. 

If an employee is receiving TTD benefits, they are unable to use any paid leave for the same time period, unless their temporary disability benefits amount to less than two-thirds of their regular pay.  In this instance, the employee may use a portion of his or her earned leave to make up the difference. If earned leave is used, gross income from both sources will not exceed two-thirds of the employee's regular pay.

LIGHT DUTY RETURN TO WORK CONTRACT

If an employee covered under Wyoming Worker’s Compensation is released to work with restrictions, they may be eligible for a light duty return to work contract. This contract will be negotiated between their supervisor and the Safety Manager, and approved by the employee’s treating physician.

Light duty return to work contracts benefit the employee because they can earn up to 80% of their normal wage on a light duty contract, compared to 66% if they are not working and receiving TTD benefits.

In some job descriptions, light duty may not be available or possible, in which case these contracts would not apply.

POST OFFER, PRE-EMPLOYMENT AND RETURN TO WORK FIT FOR DUTY PHYSICALS

Prospective employees who are covered under Workers’ Compensation are required to successfully complete a post-offer, pre-employment physical. An employee who has sustained a job-related injury or illness and has been on an extended medical leave for at least 30 days will be required to pass a return-to-work, fit-for-duty physical prior to returning to work.

ADOPTION DATE: April 26, 1993; February 28, 1994; Revised April 10, 1995; Revised April 22, 1996; Revised April 14, 1997; Revised June 14, 1999; Revised February 13, 2007; Revised July 1, 2015; Revised December 11, 2018; Revised February 28, 2023

LEGAL REFERENCE(S): State Workers' Compensation Act, Wyoming State Statutes 27-14- 101 through 27-1014-805, Family & Medical Leave Act, Americans With Disabilities Act

CROSS REFERENCE(S): 4218, 4219, 4219-R, 4220, 4220-R, 4229, 4229-R

ADMINISTRATIVE REGULATION: