It is reported that an Elementary School Teacher was deliberately shot by a six-year-old student in her classroom. She is reportedly critically ill. Dailymail.com
This article will discuss this fact pattern under the premise that the Teacher was a Public School Employee within the State of California.
Are There Limits to This Teacher’s Workers’ Compensation Benefits?
In California, Workers’ Compensation Benefits are limited. With respect to total temporary disability benefits, absent some exception, the Teacher, given the fact pattern, would likely be eligible for only 104 weeks. With respect to medical care, while Labor Code Section 4600 provides for treatment to cure or relieve from the effects of the injury, the Teacher’s medical care would be subject to Utilization Review. This means that Requests For [Medical] Authorization are subject to approval.
Beyond Workers’ Compensation, Is There Anything That This Teacher Can Do To Get Benefits?
If the Teacher is going to be unable to return to work within 104 week, it would appear that the Teacher should investigate her retirement rights. Retirement can come in different forms. Retirement can be based upon years of employment or based upon a medical disability. In California, there is the California State Teachers’ Retirement System. This system provides retirement benefits to California public school educators from pre-kindergarten thought community college.
Given this fact pattern, the Teacher should consult with both CALSTRS as well as the Social Security Administration for benefits.
What if I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.