Visitor Question

Shoulder Injury Working with a Special Education Student…

Submitted By: Delia (Verona, WI, USA)

I work at a school in WI. I am an ESP (Education Support Professional) and I work with a special ed student. My student was in the playground on the monkey bars. She was playing and was going to fall from a high bar. I went to help her so she didn’t hit her head on the ground. She fell and landed right on my shoulder.

I went to the doctor because of the excruciating pain. They did X-rays, said nothing was broken and directed me to physical therapy.

I am still waiting for a slot to open for physical therapy. I can’t move my arm without terrible pain. I can’t do my hair, get dressed or drive. I have a doctor’s note saying I can’t move my arm. Unfortunately the pain medication they gave me makes me vomit and makes me dizzy.

Should I still have to work with how much pain I am going through? Should my school be responsible for my medical expenses? Should I report this for workers comp? Thank you, sincerely.

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 Delia,

It looks like you’re going to need physical therapy. From the facts you present you have a very legitimate basis for filing a workers compensation claim. Doing so will enable you to receive physical therapy and compensation for lost wages while you are unable to work.

Speak with your supervisor and ask for a DWC-1 injury form. In the State of Wisconsin you have up to 90 days after an on-the-job injury to report your injury.

Once you file your injury claim you will have access to several therapists. In most cases the therapists will be chiropractors. The workers comp insurance adjuster will likely send you to a Primary Treating Physician. He or she will evaluate you and determine what type of therapy you will need. From there you will have access to several chiropractors from an insurance company approved list.

If your doctor believes you are unable to work during therapy, the doctor will contact the insurance adjuster and verify your inability to work. During your absence from work you will receive about two thirds of your salary. The insurance company will also pay for your out of pocket expenses, including prescriptions and over the counter medications.

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: November 23, 2013

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