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​Chapter 1.2 Contents:​

Chapter 1.2. - LIABILITY

1. Injury or Property Damage Insurance Coverage and Claims Submission                                                                                                                                               

A. DARS Liability Insurance and Legal Representa​tion

[REVISED: 12/3/18]

  1. DARS is self-insured for liability through the Virginia Department of the Treasury, Division of Risk Management. This coverage specifically is for instances in which the Division of Rehabilitative Services' (DRS) client, including VR clients and potentially eligible students with disabilities:
a.  alleges that DRS or DARS caused injury to the consumer or damaged the consumer's property,

b.  seeks a liability-related legal action against DRS or DARS, or

c.  injures another person or does property damage to an employer during a situational assessment or unpaid work experience.
  1. DRS has a “Specialty Health" policy through K&K Insurance to provide health coverage for a DRS client injured, including VR clients and potentially eligible students with disabilities while participating in a DRS training program (including situational assessment and unpaid work experience).

  2. DARS is represented in disputes, claims, and controversies by the Department of Risk Management and the Virginia Office of Attorney General (per § 2.2-1837 of the Code of Virginia). Therefore, DARS shall not use federal funds or state general funds when the Division of Risk Management has legal jurisdiction to investigate and settle the claim.

B. DR​S General Services Liability Claim Notification Details

[REVISED: 12/3/18]

  1. Once the VR counselor becomes aware of personal injury or property damage involving a DRS client, regardless of whether DRS or DARS liability is real or perceived, the VR counselor shall:

a.  immediately notify the supervisor, district manager, and DARS claims coordinator in General Services, and

b.  send a completed Vocational Rehabilitation Accident-Incident Report Form (RS-22) to the DARS General Services' staff designee.

  1. Within 3 business days, DARS General Services' staff designee shall notify the Division of Risk Management or K&K Insurance claims representative, as appropriate, to initiate a claim and obtain a claim number, and shall provide the assigned claim number to the counselor, and shall notify the counselor if a K&K claim form must be submitted.

  2. Within 3 business days from notice that a K&K claim form is required, the VR counselor shall provide the form to the DRS client, assist the client to complete the form if assistance is needed, and return the form with medical bills attached to the DARS General Services Manager.

  3. The VR counselor shall use the assigned claim number on all future correspondence.

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