I worked for a school system in a behavior class. I was assaulted by a student while I was working out my last few days of my notice of resignation. I now have restrictions on both arms of lifting nothing over 5 lbs, no bending, etc. Workers comp stated I cannot receive any compensation until I prove to them no one will hire me elsewhere. I am still under doctor’s care.
Is workers comp allowed to do this? Meaning, if I’m injured while at work, does it matter if I can get another job or not? How do I fight them on this? Thank you.
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.
Your workers’ compensation should have no bearing on your right to be compensated for your on-the-job injury. Your workers’ comp will be limited to the medical, chiropractic, or therapeutic care required to treat your injuries, and your out of pocket expenses for medicines, bandages, etc. Your lost wages will be apportioned only to your present job. This means, until you find a new job, your wage reimbursement is limited to the work you miss at your present job.
Workers’ comp is only permitted to pay wages you lose as a result of an on-the-job injury. If you find another job, and are unable to work at it because of your injuries, theoretically you might think you should be paid for those lost wages. In reality, it’s unlikely another employer will hire you if you say you can’t work because you are injured.
You would be best served by seeking the medical, chiropractic or therapeutic care you need to treat your injuries. You are entitled to the lost wages from the very few days you have left on your present employment. That’s about all you can expect.
You may have a case against the student who assaulted you. However, being that you were working at a special needs school you probably signed a release of liability for such events. Regardless, it wouldn’t hurt to meet with a personal injury attorney to review your case.
Learn more here: Assaults and Workplace Violence
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,
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