Pedagogical employees of the city Department of Education who are injured or made sick on the job are covered by the Line of Duty Injury provision of the DOE-UFT contract — not workers’ compensation. The following Q&A answers some of the most frequently asked questions about Line of Duty Injury benefits and how to apply for them.
Who is eligible for Line of Duty Injury (LODI) benefits?
Pedagogues — teachers, school counselors, school secretaries, school psychologists and social workers, and lab specialists — who are injured or made sick on the job are covered by the Line of Duty Injury provision of the DOE-UFT contract. Other UFT-represented DOE titles, such as full- or part-time paraprofessionals, occupational and physical therapists, school nurses and administrative employees, are all eligible for workers’ compensation if they are injured on the job.
What benefits are available under LODI if I am injured at school?
Under Line of Duty Injury, pedagogues may apply for important benefits, including paid time off from work to recover and reimbursement of medical expenses.
If you are injured in the line of duty, your health plan covers your medical care. You can receive reimbursement from the DOE for reasonable medical expenses — incurred because of an injury in the line of duty and not covered by insurance — of up to $1,500.
Until the DOE approves your LODI status, absent days come out of your sick bank (CAR). Those days will be restored once you are granted LODI status, and your pay will continue as usual. If you have to miss work to appear in court, the days will not come out of your sick bank — as long as you file the appropriate paperwork.
What are the first steps that pedagogues who get injured at school need to take?
You must notify your administration within 24 business hours of any accident or injury on school grounds or while on school business. Complete the DOE’s Comprehensive Injury Report and return it to your principal. Inform your chapter leader as soon as possible.
If you are unable to inform your administration because of the severity of your injury or other reasonable grounds, ask your chapter leader or another designee to report your injury.
Make sure to see a doctor as soon as possible. Get a note from your doctor describing the extent of your injury and the anticipated time you will need to recover. Many health care providers do not know that pedagogues are not covered under workers’ compensation and will ask for an incident number. If you need to submit proof, show them the letter from the New York City Law Department that explains the matter.
If you intend to sue the DOE, jlinton [at] uft [dot] org (contact Junior Linton) from the UFT Health and Safety Department as soon as possible. He will send you a legal intake form, which you should fill out and return to him. An attorney will contact you soon thereafter. A notice of intent to sue or notice of claim legal referral form must be filed by you or an attorney within 90 calendar days of the date of your accident or illness.
What if I have been the victim of an assault at school?
The DOE-UFT contract offers you protection and strong support if you have been assaulted while on duty. As well as notifying your principal within 24 hours, you should notify the UFT Health and Safety Department by filing an online safety/discipline report. You should also file a police report at the nearest precinct as soon as possible.
The DOE may waive its normal $1,500 limit on unreimbursed medical expenses on a case-by-case basis for those who are assaulted while on duty in an unprovoked attack by a student, parent or stranger. The OP 505 form is used to request reimbursement as a result of an assault.
The UFT’s Victim Support Program provides mental health support and practical assistance for UFT members who are victims of workplace violence. The program offers victim outreach, psychological counseling and crisis intervention. All services are free and confidential. Call the Victim Support Program at 212‑598‑6853.
How do I file for a Line of Duty Injury leave?
A Line of Duty Injury leave must be requested via the DOE’s Self-Service Online Leave of Absence System (SOLAS).
The dates of your leave should include only the actual days you are out, so you should request Line of Duty Injury status from the day of your first absence to the date of your last absence. Make sure to contact your school to inform them of the specific dates that you will be absent.
What forms do I need to file for an injury in the line of duty?
For specific steps to take and forms to complete, visit the Injury in the Line of Duty section of the UFT website.
The DOE’s Comprehensive Injury/Accident Report, including a description of the accident/incident and witness statements, must be filled out in a timely fashion. You can get a copy from your school secretary or download it from the UFT website. You are also advised to fill out the online UFT Incident Report on the UFT website. UFT-represented employees are no longer required to complete the OP 200 legal form as part of the Line of Duty Injury application process.
I didn’t notify my administrator within 24 business hours of my injury. Is it too late to file a claim for a Line of Duty Injury?
If you miss the deadline because you are hurt or have other extenuating circumstances, report it as soon as possible and apply for the Line of Duty Injury on SOLAS. Speak to your UFT chapter leader or district representative if you think there may be a problem.
What if my LODI leave is denied? Do I have any recourse?
In some cases, the superintendent or the DOE’s Medical Bureau will deny a Line of Duty Injury status, and it may be necessary to file a grievance or file for medical arbitration, depending on the reason for the denial. Members who have a pending medical arbitration request will continue to have medical insurance coverage for one year, provided they have applied for a special arbitration leave. They will also be eligible to receive disability payments of $575 per week from the UFT Welfare Fund. See the UFT website for additional information and contact your UFT borough safety representative for assistance.