Do I qualify for worker's comp? (stress)

[HSteacher1]

What is the name of your state (only U.S. law)? CA

Hi. I work at a small high school which shares a campus with a community day school for high schoolers in our district who can't function in regular classrooms. Last week one of these students threatened two different teachers that he was going to shoot up the school. He was suspended while admin went through the steps to determine whether he would be expelled from community day and the district. Today I learned that he will not be expelled. He will be back on Monday. His classroom is across from mine, and one of the two teachers he threatened has a classroom next to mine. Our campus is very small. I have already had trouble going to work while he was suspended, with the stress of the situation affecting my ability to teach. I've seen a doctor, who will write a note excusing me from working while the student is back on campus because I can't handle the stress if he's there.

I talked to the superintendent today who mentioned I may have a worker's comp claim. I looked it up, though, and it talks about permanent impairment. I wouldn't say that this is a permanent impairment. If the student moves away and no longer attends our CDS, I can return to work tomorrow. Likewise, I would have no trouble teaching at a different campus. So I don't know if I have a claim. I don't think it works as a disability claim, either. The situation is such that I can't do my job, though. Do I have any recourse?

I am going to talk to the union lawyer but that will probably happen next week at the earliest. I'm trying to get a handle on what my options are, and would really appreciate any advice folks here have.

 

[ecmst12]

I don't think this sounds like workers comp. Possibly regular STD, but I'm not even sure about that. Especially since you weren't even involved in the incident.

 

[quincy]

For some possibly helpful background information, here is a link to HSteacher1's other recent thread: https://forum.freeadvice.com/education-law-47/legal-right-informed-threats-school-shooting-622163.html

I agree with ecmst12 that this does not seem like a workers compensation issue.

It appears after investigation that the student was not deemed a threat to the staff or students at your school. Although I know this makes you uncomfortable, I doubt the decision to allow the student to return was made without great thought.

 

[Silverplum]

What is the name of your state (only U.S. law)? CA

Hi. I work at a small high school which shares a campus with a community day school for high schoolers in our district who can't function in regular classrooms. Last week one of these students threatened two different teachers that he was going to shoot up the school. He was suspended while admin went through the steps to determine whether he would be expelled from community day and the district. Today I learned that he will not be expelled. He will be back on Monday. His classroom is across from mine, and one of the two teachers he threatened has a classroom next to mine. Our campus is very small. I have already had trouble going to work while he was suspended, with the stress of the situation affecting my ability to teach. I've seen a doctor, who will write a note excusing me from working while the student is back on campus because I can't handle the stress if he's there.

I talked to the superintendent today who mentioned I may have a worker's comp claim. I looked it up, though, and it talks about permanent impairment. I wouldn't say that this is a permanent impairment. If the student moves away and no longer attends our CDS, I can return to work tomorrow. Likewise, I would have no trouble teaching at a different campus. So I don't know if I have a claim. I don't think it works as a disability claim, either. The situation is such that I can't do my job, though. Do I have any recourse?

I am going to talk to the union lawyer but that will probably happen next week at the earliest. I'm trying to get a handle on what my options are, and would really appreciate any advice folks here have.

I remember that you wanted to keep your job more than you wanted to do anything else.

Q/P.

 

[ecmst12]

I read some of the other thread. They wouldn't be allowing him back to school without some sort of safety plan etc in place.

 

[cbg]

It is very, VERY difficult to get a stress claim approved through workers comp. Try it if you want to, but don't be surprised if it's turned down.

 

[quincy]

Here is a link to an American Bar Association article, "Stressed at Work? You Might Have a Workers Compensation Claim," by Rolf C. Schuetz, Jr:

http://www.americanbar.org/publications/gpsolo_ereport/2013/july_2013/stressed_at_work_might_have_workers_compensation_claim.html

From the article and in California, "claims for psychiatric injuries that were caused by 'lawful, nondiscriminatory good faith personnel actions' are prohibited by law."

Permanent impairment is also going to be an element difficult to meet for a workers compensation claim under the circumstances described here.

 

[HSteacher1]

For some possibly helpful background information, here is a link to HSteacher1's other recent thread: https://forum.freeadvice.com/education-law-47/legal-right-informed-threats-school-shooting-622163.html

I agree with ecmst12 that this does not seem like a workers compensation issue.

It appears after investigation that the student was not deemed a threat to the staff or students at your school. Although I know this makes you uncomfortable, I doubt the decision to allow the student to return was made without great thought.

If at all possible, I'd like to avoid arguing about whether or not the student's threat was realistic. I'm here, I'm the one who gets shot if folks who think it wasn't realistic are wrong. Regardless, I'm not trying to change the decision the district made. I'm simply in a situation where I can't go to work without losing emotional composure, and I have difficulty thinking when I'm that upset. So in this situation, whether the district is right or wrong isn't the issue, it's whether or not the stress of working with this student present at the school, which impairs my ability to do my job, presents a worker's comp or temporary disability or other situation.

 

[HSteacher1]

I remember that you wanted to keep your job more than you wanted to do anything else.

Q/P.

I don't know what Q/P means.

Yes, I do want to keep my job. Hence I'm not quitting, I'm getting a doctor's note and going on some sort of leave. I haven't figured out which leave yet. I hadn't even considered worker's comp until the superintendent brought it up.

 

[I'mTheFather]

I'm surprised the superintendent suggested that. I'd be a little concerned that he's setting you up for termination.

I do, however, wish you luck with whatever you decide.

 

[HSteacher1]

I read some of the other thread. They wouldn't be allowing him back to school without some sort of safety plan etc in place.

Well, they made us all check our radios to see if they worked today. So that was super reassuring.

Look, I get it. People want to believe that administrators in schools are always competent, and always make the best choices. Believe that, if that's what you need to do. However, the problem remains that I can't function at work now. I took Monday off and then told myself I'd go in Tuesday. The student wasn't even back yet, and I had a panic attack on the way to work. When I dropped my sons off to daycare and preschool, and I wondered if it was the last time I was ever going to see them, it messed me up. That's with the student on suspension. I will not be able to control the level of anxiety I feel being across from this student on campus. I can't change that.

My colleague, one of the two to whom the threat was made, has already called a sub for Monday and Tuesday. She and I are both researching to figure out what our options are. I told her I would come to this forum, but if you guys can't or won't help me in regards to how the law works, I will have to ask elsewhere.

 

[quincy]

Well, they made us all check our radios to see if they worked today. So that was super reassuring.

Look, I get it. People want to believe that administrators in schools are always competent, and always make the best choices. Believe that, if that's what you need to do. However, the problem remains that I can't function at work now. I took Monday off and then told myself I'd go in Tuesday. The student wasn't even back yet, and I had a panic attack on the way to work. When I dropped my sons off to daycare and preschool, and I wondered if it was the last time I was ever going to see them, it messed me up. That's with the student on suspension. I will not be able to control the level of anxiety I feel being across from this student on campus. I can't change that.

My colleague, one of the two to whom the threat was made, has already called a sub for Monday and Tuesday. She and I are both researching to figure out what our options are. I told her I would come to this forum, but if you guys can't or won't help me in regards to how the law works, I will have to ask elsewhere.

File a workers compensation claim, then. See what happens. You were given the fact that stress-related workers compensation claims are difficult to support, but not impossible.

 

[I'mTheFather]

Well, they made us all check our radios to see if they worked today. So that was super reassuring.

Look, I get it. People want to believe that administrators in schools are always competent, and always make the best choices. Believe that, if that's what you need to do. However, the problem remains that I can't function at work now. I took Monday off and then told myself I'd go in Tuesday. The student wasn't even back yet, and I had a panic attack on the way to work. When I dropped my sons off to daycare and preschool, and I wondered if it was the last time I was ever going to see them, it messed me up. That's with the student on suspension. I will not be able to control the level of anxiety I feel being across from this student on campus. I can't change that.

My colleague, one of the two to whom the threat was made, has already called a sub for Monday and Tuesday. She and I are both researching to figure out what our options are. I told her I would come to this forum, but if you guys can't or won't help me in regards to how the law works, I will have to ask elsewhere.

Wow. You DID get help on how the law works with regard to workers comp. You also got a lot of help with your previous thread. The fact that you don't like the answers doesn't mean they aren't legally sound.

I suggest your retain an attorney to explain.

 

[HSteacher1]

Here is a link to an American Bar Association article, "Stressed at Work? You Might Have a Workers Compensation Claim," by Rolf C. Schuetz, Jr:

http://www.americanbar.org/publications/gpsolo_ereport/2013/july_2013/stressed_at_work_might_have_workers_compensation_claim.html

From the article and in California, "claims for psychiatric injuries that were caused by 'lawful, nondiscriminatory good faith personnel actions' are prohibited by law."

Permanent impairment is also going to be an element difficult to meet for a workers compensation claim under the circumstances described here.

Thank you, I did come across that article when I was searching and I did read it. I agree that it doesn't sound like I can make any kind of case for permanent impairment. I wouldn't want to. I want to teach, not live off worker's comp.

 

[HSteacher1]

I'm surprised the superintendent suggested that. I'd be a little concerned that he's setting you up for termination.

I do, however, wish you luck with whatever you decide.

I would not be surprised.