Workers’ Compensation is supposed to be available from any employer you work for in the state, including schools. Whether you work at a primary, secondary, or university level, your school should cover injuries you sustain while working.
This coverage is for not only the teachers, but also facilities management and other staff. If you get hurt at work, start your claim by reporting it to your employer. If they deny your claim, then you can take the case before a Workers’ Comp Judge with a Claim Petition with the help of our Workers’ Comp attorneys.
For your free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
How to File a Workers’ Compensation Claim Against a School
Filing a claim against a school is a similar process to filing a claim with any other employer:
- Get medical care and document your injuries.
- Notify your employer of your injuries within 21 days of the accident.
- Continue getting medical care with an approved doctor while your employer and their insurance carrier take up to 21 days to respond to your claim.
- If the claim is denied, file a Claim Petition with the state within 3 years of your injury.
You should work with a Pennsylvania Workers’ Compensation lawyer as soon as you can in your case to avoid any mistakes or issues that might jeopardize your benefits.
When you go to file a Claim Petition, you should always have your lawyer help by this stage, at the latest.
What Happens After Filing a Claim Petition?
Once you file a Claim Petition, your case gets assigned to a Workers’ Comp Judge (WCJ). These are special judges who only hear Workers’ Comp claims and work for the Department of Labor and Industry’s Workers’ Comp Office of Adjudication instead of working for the courts.
Evidence Collection
Evidence collection will proceed, providing each side with a limited time to get medical exams, depose witnesses, and collect other evidence. As part of this, you may need to attend medical exams with doctors we choose as well as “IMEs” (independent medical exams) with doctors your employer chooses.
Hearings and Decisions
The case culminates in a hearing where you may need to testify. At the hearing, the judge accepts all the evidence, allows any live testimony that may be needed, and goes back to make a decision on whether benefits are granted, what amounts, etc.
What School Workers Can File for Workers’ Comp?
Workers’ Compensation is designed to cover all school employees.
Private vs. Public
Both private and public school workers, as well as workers at charter schools, online schools, daycares, and other schools, should all be covered by Workers’ Comp.
Workers’ Comp is also required at all levels of schools, meaning kindergartens, elementary schools, and high schools all need coverage for their workers. The same is true for community colleges, traditional colleges, and universities.
Covered Positions
All teachers, staff, and faculty should be covered. If you work directly for the school, they are required to pay for work-related injuries.
If you work for a different employer – such as a food service company used in the cafeteria, a maintenance or outside cleaning service, or the bus company – your Workers’ Comp would be covered by that employer instead.
FAQs About Filing for Workers’ Comp Against a School in Pennsylvania
Can Substitute Teachers Get Workers’ Compensation?
Your specific contract and what kind of employee you are may change eligibility for Workers’ Compensation. If you are hired as an employee by a school or another employer, you are eligible for Workers’ Comp. However, if you substitute teach as an independent contractor, your coverage may require proof of how you do your work and whether this classification is proper for your situation.
If you are an unpaid volunteer, Workers’ Comp is not usually available, though other insurance might cover your injuries (e.g., liability insurance).
Can Sunday School Teachers Get Workers’ Comp?
If you work at a parochial school or a church as an employee, then you are covered for any work-related injuries, which may include Sunday School teaching. However, many Sunday Schools and parish religious education programs are staffed by volunteers, who are not eligible for Workers’ Comp but may be covered by other insurance (e.g., liability insurance) for slip and falls and other kinds of accidental injuries.
What Injuries Can I File a Claim For?
Workers’ Comp is supposed to cover all injuries that are “work-related.” This means any injuries…
- Caused by conditions at work, such as slippery floors, broken handrails, or other conditions.
- That occurred within the scope of your employment, such as falling while carrying a stack of books, chemistry lab burns, or being knocked down while teaching gym class.
Recall that jobs other than teachers are also covered, meaning maintenance staff could file claims for back injuries or other injuries while working, and cafeteria staff could file claims for massive burns or cuts.
Coverage can also pay for all kinds of “freak accidents” that might not be anyone’s fault, as well as injuries from assault, school shootings, or other intentional acts of violence at school.
What Will My Workers’ Comp Claim Cover?
If you are eligible for a claim, then Workers’ Comp should pay for
- All medical care to treat your claim, though the first 90 days of treatment may need to come from a doctor on your employer’s approved provider list.
- Around 2/3 of your lost earnings, based on your pre-injury wage. If you can work to some extent, then you would instead get 2/3 of the difference between pre- and post-injury wages. All are subject to caps and floors.
- “Specific loss” benefits for certain permanent injuries, including amputation, lost function, facial scarring, lost hearing, and lost vision.
Can You File Workers’ Compensation for School Shootings?
Any work-related injuries should be covered, whether they are the school’s fault, a student’s fault, or any outside party’s fault. This means that even tragedies like school shootings, fires, etc., should all be covered.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For your free case review, contact Cardamone Law’s Philadelphia Workers’ Compensation lawyers at (267) 651-7945.
