Mar 5, 2009 1:14 PM
It can provide valuable benefits if you are a paraprofessional, school nurse or occupational or physical therapist and have a work-related injury or illness.
Schools should provide a safe and healthy work environment. But if you are hurt on the job, there are certain procedures you should follow to ensure that you get all the benefits that you are entitled to. The UFT is dedicated to guiding injured members through the process, so it’s important to contact your union in the event of an injury.
If you are a full-time or part-time paraprofessional, nurse or occupational or physical therapist and you are injured or made sick on the job, you should file for Workers’ Compensation. Workers’ Comp is a form of insurance already paid for by the Department of Education that entitles you to full medical coverage and a portion of any lost salary due to job-related injuries and illnesses. (Pedagogues — teachers, guidance counselors, school secretaries, psychologists, social workers and lab specialists — are covered by the Injury-in-the-Line-of-Duty provision of the contract, not by Workers’ Comp.)
Workers’ Comp benefits include:
If you use up days in your sick bank (CAR) because of your injury, you may be able to get them reimbursed when you file for Workers’ Comp.
You are entitled to Workers’ Comp no matter whose fault the injury/illness is, as long as you were on school property or were performing your normal work duties. The only exception is where the injury is due solely to intoxication from alcohol or a controlled substance, or you willfully injured yourself or were hurt while trying to injure someone else.
You have 30 days by state law to notify your employer of an on-the-job accident and the legal time limit to file a claim is two years. But it’s important to file for Workers’ Comp when you are first injured or as soon as you realize your injury or illness is work-related, since your injury (especially in the case of back injuries) may recur and, if your case wasn’t established the first time, you may have difficulty getting benefits. Also, if you don’t report the accident within 24 hours as set out by the DOE, your employer is more likely to contest your claim.
You can also file a Workers’ Comp claim for an occupational illness, such as a repetitive strain injury, which is a medical condition that develops over a long period of time and is caused by the nature of the work you perform. Examples include tendinitis, carpal tunnel syndrome, chronic back pain and varicose veins.
When you are hurt on the job, you should immediately report the injury, accident or illness to your supervisor and fill out a DOE comprehensive accident/injury report and, in the case of an assault or other safety incident, a DOE incident report. The employer is required to notify Workers’ Comp within 10 days of the injury by submitting a Workers’ Comp C-2 form.
Even if you do not lose any days from work because of your injury or illness, you should nevertheless tell your chapter leader and contact the Workers’ Compensation Project at the UFT at 1-212-510-6460. A union safety and health associate will guide you through the whole process and can refer you to doctors and lawyers.
To start a Workers’ Comp claim, you’ll need to fill out a C-3 form. Filling out a DOE injury or incident report does not constitute filing a claim.
You can file a Workers’ Comp claim on your own, but it’s a good idea to have legal representation since it’s a complicated process and your claim could be contested (the technical term is “controverted”).
The UFT has an arrangement with a large, reputable Workers’ Comp legal firm whose lawyers can give you advice regarding your claim and help you fill out the C-3 form.
You do not need to pay a lawyer’s fee unless you win your case. Then the fee (which is fixed by the Workers’ Comp board) will be paid to your lawyer out of your award.
You also need to see a Workers’ Comp-authorized occupational doctor as soon as possible or, if it is an emergency, go to a hospital emergency room. Make sure to tell the doctor seeing you that your problem is work-related. The physician must fill out and submit the Workers’ Comp C-4 form. It’s important to see an authorized provider because these doctors know the ins and outs of the system, can complete and submit the C-4 form, and are key to both improving your health and getting your benefits. Ask your doctor to mail a copy of the completed C-4 form to you.
Prompt filing of these forms will move your case along faster. Keep a copy of every form for your personal records. Don’t throw out anything — letters, medical records, bills, travel expenses to and from your doctor — that relates to your case.
Consult the UFT or your Workers’ Comp attorney before applying for other benefits, such as disability or unemployment insurance.
For further information, see our Workers’ Comp section .