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hurley
10-06-2005, 01:13 PM
...and the saga continues. :wacko: (looks like this will be a long one)

In a previous post I told you about being assaulted by a student at school (I teach high school). In the end I decided to apply for Worker's Comp. The little jerk messed up my arm, back and neck. It turns out that my pain doc is a very highly respected Worker's Comp doc. I didn't know this until after the fact. She usually works for the insurance companies.

Due to the continued negligence of my administrators and school system, I ended up choosing my own doctors. They did not follow proper protocal and I had no idea what I was doing other than the fact that I needed to see a doctor. I saw my internist first. She referred me to a therapist and then I went to my pain doc. Have had several visits with each and a long struggle, having to use the WC Ombudsman persistently to keep the ball rolling and to get the school system to do what they're supposed to do.

On Monday the insurance adjuster told me that there was no question about the physical injuries and that I was going to be approved for that. She said that regarding the emotional/mental trauma she was still investigating and would have to see if my therapist and internist were in agreement as to the extent of the emotional trauma. I don't think that will be a problem. Regardless, I will be approved on the basis of the physical injuries. Although I must add that I don't have any of this in writing yet.

I am getting 2 or 3 letters of a harassing nature from the school system each week (certified). I think they can fight this decision if they want to, but I'm not sure about this. They are trying to cover up the assault/battery. Pigs. They are requesting that I show up for a meeting with the superintendent and personnel director on Monday. :lol: :lol:
NO WAY!!!!! They can get answers to any questions they have by putting it in writing. They just want to get me in there and get me confused and twist things all around so that I will say something they can use against me. Imagine this!!! I am the one who is assaulted and they treat ME like the criminal.

On Monday I went to the Sherriff's Office to file a report on the assault. I had requested the administration to assist me in pressing charges and they said I was on my own. Go figure. In 10 days I will have access to the report and will file charges against this little thug. While I was there (real laid back office sort of like Andy Griffith/Mayberry RFD) one of the deputies told me that this was why there was not longer a sherriff's officer stationed at the school. I think what he meant was because of how poorly everything is handled by admin. I was wondering why I hadn't seen that nice fellow on campus this year (and of course nobody tells us anything).....isn't this sounding just like the type of school you would like to have YOUR child attend??? :lol:

The clencher here is that once I accept WC I cannot sue the school system (the incident happened due to the negligence of the Asst Principal - no principal at this school - in dealing with discipline issues; she is also incompetent). Accepting WC is considered the same as accepting a legal settlement. I can sue the kid (parents) but nobody/nothing remotely related to the school district. In my opinion this is utterly ridiculous. How is one supposed to support themselves while filing a law suit if you can't work due to an injury caused at work? That's okay, though, I didn't need that sort of stress anyway.

I plan on applying for long term disability soon. I have private coverage. If I do get disability, would they just repay the WC insurance company the money I receive from them while going thru the application process?

Throw a few smilies on here for me, would ya? :huh: I could use them right now. This hasn't been one of my better months.

Thanks for listening to the continuing saga. Next installment comes out on November. :lol:

Hugs.

Julie

alobreto
10-06-2005, 04:13 PM
Hi, Julie! ;)
Unfortunately it just sounds like the status quo to me. The same thing is true of the healthcare industry from my experience having been both worker and management.

I don't know about your disability carrier, but mine won't pay long term disability unless you've been approved by Social Security to receive disability.

You need to check with the carrier about what rules they have that would apply in your case as they are all a bit different in one way or another.

You probably should consult an attorney about which would be better, accepting worker's comp or suing the school district. In some states that's not an option. You HAVE to take wc. You can still sue for the maximum that their wc coverage would pay for an injury like you've suffered.

In addition, if you consult an attorney, some of them will help you get by financially while you're waiting for a settlement with the agreement that they'll be reiumbursed from what you collect.

I wish you well. It can be a difficult and lengthy process.
Angela :flowers:

hurley
10-09-2005, 10:05 AM
Thank you for the advice, Angela. I let you know what happens.

Hugs.
Julie

angel4ever
10-09-2005, 01:48 PM
:love: :wave: :hugbetter:

Hi julie don't know much about this but wanted to give you a BIG HUG :hugbetter:
and wish you GOOD LUCK :luck: :luck: .

Take care
norma :wiggle: :wiggle:

raggedyann1
10-10-2005, 01:03 AM
Julie,

I was able to collect on my Long term disability before I was approved for social security. They did write me at one point saying I had to file for SSDI or they would stop paying me. They were a major irritant till my ssdi was approved. And then I had to pay them back the portion that ssdi would be paying, but I knew that so I wasnt in shock when the money owed back to them was $11,000 dollars, my ssdi back pay was significantly higher.

There have been several lawsuits in the last couple years with the major priv dis insurers and they have been settled with most of the states. So your experience may be entirely different than angela's or mine were.

I would highly recommend that you talk to a lawyer about suing the school district to see how likely it would be that you would win the case. If they are mailing you harrassing letters take those with you to the legal consult.

I am sorry you have all of this going on right now.

Karen

flowergarden
10-10-2005, 06:00 AM
Oh, Julie!! ((((((((hug)))))))) I wish we could sit down and discuss this together. I worked for a very similar school district. I was forced to apologize to a student--in front of others--after she assaulted me.

One thing I might add, is to make sure the union is involved. That not only benefits you, but maybe others later on, too. Consulting a lawyer is probably necessary, too.

I got my LTD before qualifying for SSDI. In fact, I haven't qualified for the latter yet, and I've been on LTD for 1 year.

Here's another hug. :hugbetter: Take some time out for yourself before the stress wears you totally down.

Keep us apprised. :flowers: :flowers:

hurley
10-10-2005, 12:52 PM
Thank you Norma, Karen, and Sue. I do need an attorney and have been making some calls. I just want to get this settled and get rid of the stress.

With love.
Julie

dudley
10-12-2005, 06:30 AM
Hi

You really should see a lawyer and read up on the workers comp laws in your state. I would also go to social security office and social services.

I live in NJ. I was injured on the job by the training manager. I went in and out on WC for almost a year. They treated me like dirt. But they had to pay 65% of my pay and all medical bills. After I was deemed by docs that I could go back to work (right elbow permanently messed up-tendion) the district manager called to tell me that he was going to fire me upon my return to work. The reason for the firing was because I could not do the work required by position because of the bad arm. We worked out a deal that I would resign and that they would not fight unemployment.

I did sue the company after this. Unfortunately at that time NJ had noy changed WC laws since 1930 something and lose of right arm was only worth 7500 cleared-that is what I got after lawyer was paid (lawyers cut is very small in NJ). I did not get the lawyer until after I resigned.

In NJ the money that you collect on WC is not counted as income so my unemployment was low.

My arm did heal enough that I could return to work. I actually got a great paying job after awhile.

FYI you must document every little thing and keep all appointments with doc's that they set up for you. I was allowed to pick my own docs-NJ law. especially for the surgery. Just had to see theirs when something was in dispute.

The reason I said to go to social security etc. is that I do not think they will allow a claim if you are eligble for WC.

When all is done and settled make sure you get signed up for Cobra.

Elaine

jude mack
10-12-2005, 08:12 PM
Hi Hurley

I answered your first post and was appalled by school administration towards
you. I am still appalled at the way they are treating you. I think I would get a
lawyer and find out where you stand, and then sue their butts. And what about
the kid, does he get off scott free, while they treat you like a criminal, or are they
going to do something about this kid causing bodily harm, not to mention stress,
which is depremental {sp} to your health. I wish you well with all that is going on
and pray that things turn out to your best advantage.

Take Care
Jude :flowers: :flowers:

hurley
10-14-2005, 10:51 AM
Thank you Elaine and Jude.

Seems like a lot of people have to go through this sort of thing. I appreciate everyone's advice and support. This whole thing is a big mess.

The district has now fired me. They say I don't have enough medical documentation. Oh, brother - long story short, I was denied follow-up medical care from my pain doc due to the negligence of the district to properly file the WC claim. That has since been straightened out but did delay the process.

I still don't have an attorney but I do have one who is interested in helping. He said he would call back after consulting those in his firm who are more knowledgeable about education law.

It is mind boggling to know that this is how we treat each other in this society.

With Love.
Julie

flowergarden
10-28-2005, 04:46 AM
Julie, I just saw this! I am SO sorry. Do you find, like I did, that it leaves a bad taste in your mouth when you look back at your choice of a career? I think that's part of what hurts to this day. It colors my whole view of my job and the school district--and the school I drive past every day. It was my last job location.

I guess you need more prayers for a good resolution for you quickly. (((((((hug))))))) style_emoticons/<#EMO_DIR#>/flowers.gif style_emoticons/<#EMO_DIR#>/flowers.gif

dudley
10-31-2005, 05:19 AM
Hi,

Let us know what is going on-------maybe we can give words of wisdom. Always remember to document. If for any reason you must meet with the school make sure you tape it. ---By law in my state you must let them know that they are being taped. Same with phone unless they leave a message. Again in my state.

Best of luck

Elaine

londonteatime
11-07-2005, 09:30 AM
Oh, my goodness!!! I just stumbled across this post and I am horrified at the way you've been treated!

I'm a Julie and a high school teacher, too! I have just decided to give notice that my last day will be Jan. 9. I am doing so poorly and now have organ involvement, too. As we all know, teaching is physically, mentally and emotionally demanding, and I can't do it anymore.

In what state do you live, Julie? I'm in Texas where the unions are quite powerless. How can they possibly fire you after YOU were attacked and you were simply trying to follow proper procedure? Is that kid related to someone on the school board or something?

A few weeks ago, I had a student yelling at me and calling me names in class. Basically, he was upset that I had assigned them an essay to write for homework. It was a bad time because I was very ill -- didn't know it right then but I had pneumonia -- and was dragging myself to school. After the verbal assault, I went to the campus officer and he had me file a report. This kid had caused so many problems for teachers and the officer was really itching to nail him. Anyhoo, I was then out for 8 days because I was diagnosed with lung inflammation/pneumonia. The campus officer called me and was happy because he said the principal said he wanted to take care of that kid immediately. We thought it meant he'd be put in ISS or something. Wrong! NOTHING was done to him. He's the nephew of a school board member.

Julie, I hope you sue everyone involved and win yourself a nice settlement! Do it for all of us who are treated like garbage by school districts and inept administrators!

Hugs,
Julie