School Teacher Workers Comp Tips

I recently made a presentation on workers compensation to the JCTA union building representatives of all the schools in the district. Some of these points are critical for any worker that faces a work related injury, but there are also special statutory considerations that apply to Kentucky teachers, and additional labor contract benefits that apply to our members in Jefferson County Kentucky. (For that reason, some of this information would not be accurate, particularly with regard to benefits, for a Kentucky worker that was not a teacher.)

Excerpts from that presentation are posted below:

WORKERS COMPENSATION ESSENTIALS FOR TEACHERS

INSURANCE FOR ALL

Workers' compensation is mandatory insurance coverage on all employees. You do not have to sue JCPS in order to receive the benefits under this insurance.

COVERS ALL RELATED ACTIVITIES

Any injury occurring during the course and scope of the teacher's employment are covered, including injuries on school grounds, parking lots, athletic facilities, field trips, after school activities, activities off school property and volunteer work.

NOTICE AS SOON AS PRACTICAL

You must notify your school administrators of any event that has injured you or might later result in a medical problem, as soon as practical. Find out who is responsible for receiving these reports at your school and tell them. If they are not around, tell some other administrator. If they are not around, tell a fellow teacher. Make sure to tell someone about the event ASAP!

FILE INJURY REPORT FORM

If you have actually been injured and have received medical treatment, or expect to receive medical treatment, ask to fill out a First Report of Injury workers? comp form. Do this even if you do not expect to lose any work time or have any significant medical treatment. Many minor injuries, twists, turns, pulled muscles often turn into more serious medical conditions. Notice is the key!

CONTACT THE BENEFITS OFFICE

If you are not satisfied with the response you have received at school, or have questions, contact the benefits/workers' comp office of JCPS yourself at 485-6396.

PAYMENT OF MEDICAL BENEFITS

You should receive payment of 100% of your medical expenses, without co-pay or deductible, for a work related injury. You should receive your prescriptions without any co-pay or deductible. You can also be reimbursed travel expenses for seeking medical care. DO NOT PAY FOR THIS MEDICAL TREATMENT WITH YOUR PRIVATE HEALTH INSURANCE. If you start out using your private medical insurance, shift your treatment costs to workers? compensation as soon as the claim is processed.

DRAW 100% WAGES DURING RECOVERY

If your injury forces you to miss work, workers? comp will pay approximately two-thirds of your salary after a short qualifying period. You can supplement these payments with your own sick leave so that you receive 100% of salary during the period of your recovery. If sick leave is exhausted, you will receive the two-thirds workers? compensation payment.

INJURIES INVOLVING STUDENTS

If you are injured by an assault, through physical contact with a student or as a result of student activity, you should receive 100% of your wages without using your own sick time as a supplement.

SELECT YOUR OWN DOCTOR

You have a right to select your own medical providers for your treatment. You also have a right to change doctors during the course of your treatment. If JCPS refers you to a doctor for initial evaluation or treatment, you may still choose your own doctor as the primary care giver.

COMPENSATION FOR PERMANENT INJURIES

If your injury has permanent consequences, or results in surgery, you are entitled to additional compensation based upon a system for rating and evaluating the permanent consequences of these injuries.

LIFETIME MEDICAL BENEFITS

If you have a permanent injury, and your claim is properly settled, you have a right to lifetime future medical benefits for the follow-up care or treatment of that injury or its consequences.

LEGAL REPRESENTATION

For injuries that result in lost work time and result in serious medical treatment, legal representation is recommended. The teacher does not pay as the attorney's fee is based upon 20% of benefits recovered on behalf of the teacher. Legal representation is critical for evaluating permanent injuries, managing return to work issues and guiding teachers through the complex medical/legal system that results from a work related injury.