Teachers have some of the most important jobs in Vermont, shaping the minds of future generations and hopefully instilling a love of learning. Teaching is certainly not without challenges, with long hours and inadequate pay being the most obvious.
Although we don’t think of teaching as particularly dangerous, the reality is that countless teachers miss work due to work-related injuries. Please call Larson & Gallivan Law today if you were hurt. The workers’ compensation system is not as easy as you might think. AVermont workers’ compensation lawyer with our firm will be in touch.
Teachers Are Covered by Workers’ Compensation
Every employer in the state needs to purchase a workers’ compensation insurance policy to cover their employees. This law applies to teachers.
If you are hurt while working, you have 6 months from the date of injury to notify your employer. Your school district must file a report with the Vermont Labor Department within 72 hours of receiving notice of your injury. If they don’t, then you should contact the Department yourself.
Workers’ compensation benefits should cover:
- All reasonable and necessary medical care to treat your work-related injury;
- Wage replacement benefits if you are temporarily disabled or can only work at a lower rate of pay;
- Permanent disability benefits, usually in the form of a settlement;
- Vocational rehabilitation services to help you transition to new employment, if necessary.
Benefits are not overly generous. But they are no-fault, which means you don’t have to prove a lack of negligence.
How Are Teachers Injured in Vermont?
Teachers face many hazards on the job. Some of the most common accidents and injuries include:
- Falls. A teacher could trip or slip and then fall. Torn carpets, slippery tiles, and ice and snow in the parking lot are some of the major hazards, but spilled milk or debris on the floor can also cause a slip. There can be a risk of striking your head on a table or the ground, resulting in a serious traumatic brain injury. Other injuries affect the neck, back, or shoulders.
- Violence. No teacher should face violence on the job. But the reality is that some teachers are punched, kicked, tripped, or stabbed by students. Some teachers are also injured when they are trying to get a child under control and the child is fighting them. Helpfully, violent attacks fall under workers’ compensation insurance.
- Repetitive motion injuries. Less dramatic injuries occur due to constant, repetitive movements. Bending over, typing, and grading can slowly damage soft tissue, including muscles or ligaments in the wrists and arms. Ultimately, swollen tissue can press on nerves, leading to some common repetitive motion injuries. Carpal tunnel, tennis elbow, and bursitis afflict many teachers.
- Heavy machinery injuries. A shop teacher could be injured if a piece of machinery malfunctions or otherwise injures them. For example, a saw could damage a person’s arm or amputate a finger.
- Chemical exposure. Occupational illnesses are also covered by Vermont workers’ compensation. Some teachers are exposed to asbestos, especially in older buildings. Lead or mold are also common. Chemistry teachers might also face additional exposure to toxins, like formaldehyde. Any occupational illness traced back to your work environment is covered by workers’ compensation.
Remember to tell your employer immediately once you are hurt. Although you get six months, technically, the state encourages you to tell them without any delay. If your injury or illness develops slowly, then notify them as soon as you receive a diagnosis.
Teaching and Emotional Stress
Teachers are also prone to burnout. Teaching is high stakes, and many buckle under the pressure to improve student test scores while dealing with difficult parents or administrators. What happens if you suffer from depression or another mental health crisis?
The workers’ compensation system will sometimes cover stress without a physical injury. This is called a “mental-mental” claim. The legal standard is demanding,21 VSA § 601(J)(i). A worker must show an “extraordinary and unusual” event or stress of that magnitude. It’s not enough to point to the usual stresses of being a teacher if you want benefits.
For example, a school shooting could lead to post-traumatic stress disorder or other mental health problems. An unusual event of that magnitude would qualify. There are gray areas, where less dramatic stress could lead to a compensable injury. You should schedule a consultation with our firm to discuss your odds of receiving benefits.
Why It’s Hard to Win These Cases
Workers’ compensation benefits are no-fault, which means your own negligence should not prevent you from receiving benefits, if you qualify for them. Nonetheless, some injured teachers struggle to get claims approved.
Many insurers deny claims for the following reasons:
- You haven’t shown a connection between an occupational illness and your work environment;
- Your injury was pre-existing or did not happen at work;
- Your injuries are not covered by workers’ compensation;
- You waited too long to file a workers’ compensation claim.
Call our law firm to discuss any denial of your claim. We can help bring an appeal if you were unfairly denied. We can also help you keep your benefits if you deserve them.
We Are Happy to Represent Teachers in Workers’ Compensation Cases
Teachers face many challenges receiving workers’ compensation. Maybe you were injured on a field trip and there are questions about whether you were “working.” Or an insurer believes you are exaggerating your injuries, so they don’t want to pay benefits. Don’t simply take “no” for an answer. Instead, contact an experienced law firm to discuss whether Vermont workers’ compensation benefits are right for you.
Larson & Gallivan Law has helped hundreds of workers submit claims and appeal denials. We understand the process inside and out and can guide your case every step of the way. Call us today to schedule a free consultation with a member of our team.
