Visitor Question

Made to lift a 100 pound child by myself and hurt my lower back?

Submitted By: A (Alabama)

I work for the school system in Alabama. I was required to lift a 100 pound child by myself. I repeatedly asked for assistance in lifting him, but I was told by the teacher that I had to do it by myself. I was hurt 4 times during the same school year.

I am in constant pain and the doctors are still trying to figure out what’s wrong with me. I am scared to go back to work in the fall. I was told they would reimburse me for my out-of-pocket expenses. Why are they allowed to get by with this? I need someone to help me.

What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

Hopefully, you are taking advantage of your school district’s workers, compensation insurance. That insurance is in place to cover work related injuries. There is no doubt that your injury was work related, and therefore should be covered by workers’ comp.

The tone of your question implies frustration with the school district’s handling of the matter. While their actions in forcing you to lift such a heavy child may have constituted negligence, negligence is legally irrelevant in workers’ comp claims.

Moreover, under workers’ compensation laws, you are not permitted to file suit against your employer, except in cases of gross negligence. Your case doesn’t appear to fit the requirement. As a result, you would be better served by concentrating on your claim.

Workers’ compensation insurance should cover your medical bills, out-of-pocket expenses, and about two-thirds of your lost wages. Pain and suffering is not permitted under workers’ comp laws.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 23, 2014

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