It is reported in Michigan that a teacher sustained a head injury when she was struck by a chair. It is reported that a student threw the chair. The video of the incident shows a chair going airborne and striking the teacher in the back of her head. The teacher was taken to the hospital for treatment. It was reported that the Teacher went to the ground for several seconds after the blow. This incident was captured on video and posted on social medical where it has garnered over 21 million views. nypost.com There is the likelihood that the student will face criminal prosecution.
This article will discuss the Teacher’s rights within the context of California law.
Who Pays the Hospital Bill?
In this instance, there are multiple individuals who could be responsible for paying the bill. There is the student and her parents. Also, there is the School District who is obligated to pay under workers’ compensation law. Finally, there is the possibility that the Injured Teacher’s health insurance would be billed. If the Teacher’s health insurance paid, it is likely that they would seek reimbursement from the workers’ compensation insurance. This reimbursement action is sometimes referred to as subrogation.
Who Is Liable for The Teacher’s Injuries?
In this instance, the School District’s workers’ compensation insurance is to cover the injured worker’s benefits. These include medical treatment costs, temporary disability costs, permanent disability costs, need for future care, and vocational rehabilitation benefits if indicated. Outside of workers’ compensation, the School District’s retirement system may also be liable to provide a disability retirement should the teacher be unable to return to her teaching position. Further, there is the student and her parents who are liable. Also, in California, there is the Victim’s Rights Board which is also available for the purposes of providing some benefits.
What Type of Injuries May Have Occurred?
In the present matter, there are a variety of injuries that could have occurred. There is the head trauma. In this instance, given the fact that there was likely a loss of consciousness, a concussion may be an appropriate diagnosis. Likewise, there may be hearing loss or some dental injury that may have occurred. Further, there may have been an orthopedic injury to the Teacher’s neck or other body parts. Finally, the Teacher may have sustained a psychiatric injury as a result of the trauma.
What Is the Most Important Thing For the Teacher to Do?
In this instance, it is most important that the Teacher identify each and every body part injured so that they may get proper treatment and assessment. Many times, Insurance Companies are skeptical when amendments are made to claims concerning body parts. In sum, this Teacher should work to get a work-up from each and every medical specialty that is indicated as a result of the injury.
What If I Need Legal 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 30 years. Contact us today for more information.