Teachers and other school employees are often exposed to a number of hazards in the workplace. It is, unfortunately, far too common for them to suffer a work-related injury or illness that causes them to miss time from work and require medical treatment. The workers’ compensation system protects these injured school workers and could provide them with benefits when they have been hurt on the job. However, you are dealing with the government, and that is not always easy. Contact the lawyers at Williams & Roche to discuss your case regarding teacher injuries or staff injuries.
Common Types of School Teacher and Staff Injuries in South Carolina
School teachers and employees can suffer a number of injuries on the job. Just because you may not be engaged in physical labor does not mean that you cannot get hurt at work.
School teacher injuries can be as follows:
- Repetitive Strain Injuries: Teachers are often standing up on their feet in front of the class for long amounts of time. They may walk around the classroom at times. They could suffer injuries to their neck or back from the way that they walk or sit in the classroom.
- Classroom Violence: While it is thankfully relatively rare, teachers may be injured when they are assaulted or attacked by students in the classroom.
- Psychological Harm: There is no way around the fact that teaching is an incredibly stressful and difficult profession. Teachers can deal with emotional struggles due to the pressures of their jobs. Some may be subjected to intense stress, and they are no longer able to do their job because of psychological conditions that they develop.
- Slip and Fall: There are numerous hazards in the walking paths at a school. Someone may spill a slippery substance on the floor or leave a bag or debris in the hallway. Slips and falls are common school injuries.
- Job-Related Illnesses: Teachers are exposed to more illnesses than the usual professional. Children often bring viruses into the classroom, and teachers are the ones who end up sick. In addition, school personnel could be exposed to toxic substances, especially because schools are often located in older buildings.
Staff may also be engaged in physical labor. For example, cafeteria and maintenance workers are often asked to lift heavy items and may work around heavy equipment and machinery. They can be injured just like any other laborer.
Your School or School System Must Have Workers’ Compensation Insurance
The county or school system that employs you is obligated to maintain workers’ compensation insurance. The government must follow the same laws that apply to private employers.
Oftentimes, the government pays an insurance carrier to administer your claim. The insurance carrier may be the one who makes the ultimate decision about your claim after receiving input from your employer. Do not assume that working for the government means that you are employed by the “good guy.” Public employees face as much scrutiny as private employees when they file a claim.
The Procedures for a School Teacher Workers Compensation Claim
As an injured school worker, you need to follow the same procedures to receive workers’ compensation benefits as any other employee. The first requirement is to notify your employer within 90 days of your injury. You should do this in writing so nobody can claim that they did not know of your injury.
Your employer has the right to designate a doctor for you to see. This doctor will diagnose your injuries and begin a treatment plan. They would give you medical records that can be used to show that you are disabled and cannot work.
You would file your claim with the South Carolina Workers’ Compensation Commission. The Commission would then forward your claim to the insurance carrier that your county or school has paid for coverage. The insurance carrier would review your claim and listen to your employer’s input before deciding whether to pay benefits.
Third-Party Lawsuits for School Staff and Teacher Injuries
One of the first things that your lawyer would do is to review the facts of your case to determine whether you may be able to sue a third party for your injury. In South Carolina, your employer is immune to practically every type of personal injury lawsuit except under very egregious circumstances. However, if a third party was to blame for your injury, you could file a lawsuit against them, potentially receiving more money than you would get from workers’ compensation benefits.
Potential third-party defendants include:
- The parent of a child who injured you (although they only have a limited amount of liability)
- The manufacturer of defective equipment or supplies
- A contractor working in the school
- A builder or engineer whose carelessness resulted in you being exposed to toxic substances
How the Lawyers at Williams & Roche Can Help You
School workers’ compensation claims are not easy. First, the insurance carrier and your employer could dispute that you are too injured to work. Second, they may claim that your injury has nothing to do with your employment. Third, the insurance company may deny key medical care that you need to treat your injuries.
Our attorneys stand up for your legal rights at every step of the way. Whether it is helping you appeal a wrongful denial of your claim or fighting for you to get all the care that you need, you can count on the lawyers at Williams & Roche to go to the mat for you.
Contact a Columbia, SC School Teacher and Staff Workers’ Comp Lawyer
When you have been injured on the job, Williams & Roche are your go-to teammates who can assist you with all aspects of your workers’ compensation claim. It helps to know that you have experienced professionals who know the system as we do on your side. Our lawyers have seen the workers’ compensation process from practically every side. You can schedule a free initial consultation with one of our attorneys by reaching out to us online or by calling us today at 803.784.0503.
