Substitute teachers are a vital resource for both public and private schools. Whether a teacher is sick or needs time off to take care of personal matters, a sub is there to look after the students and ensure that they don’t fall behind in their studies.
Some people work as substitute teachers while they are working towards a teaching degree. Others may be retired teachers or parents that want a part-time job that works around their children’s schedule. No matter the reason, substitute teachers understand the rewards, as well as the risks, that come with working in a school. However, school administrators and district officials have a duty to provide a safe environment for the kids, staff members, and visitors. This includes maintaining the property and ensuring that conditions with the potential to cause an accident are resolved right away. Security measures are important as well, considering the increase in shootings and other violent incidents at schools throughout the country.
Did you have an accident while you were subbing for a teacher at a public or private school? If you are in this situation, it’s essential to obtain advice from a substitute teacher accident attorney. The lawyers of Normandie can help you with any question that’s on your mind, such as:
- What are my rights if I was injured while working as a substitute teacher?
- Can I file for workers’ comp with the school district?
- If I don’t qualify for a claim for injuries in school, can I sue the school district?
- What if I was injured while subbing at a private school? Can I file a lawsuit?
Can a Substitute Teacher File a Workers’ Compensation Claim for Accidents in Schools?
Unfortunately, substitute teachers do not automatically qualify for benefits under California’s workers’ compensation program. Some school districts offer WC coverage for their subs, which should be spelled out in your employment contract. However, it’s likely that you will need to work a certain number of hours / days in order to be eligible.
The truth is, it can be quite confusing for substitute teachers to figure out their legal options when they are injured while working at a school. In general, employers are required to provide coverage to all employees, though independent contractors are usually exempt from workers’ compensation. However, substitute teachers are somewhere in between these categories, which is why it’s up to each district to offer workplace injury coverage in the event of an accident.
What if I was Injured While Working as a Substitute Teacher in a Private School?
Those who work as subs at private schools will also need to refer to their contracts in terms of which benefits they are entitled to, if any. However, it’s more than likely that you will not have access to workers’ compensation as a substitute teacher. However, you can certainly file an accident claim and seek monetary benefits if you were injured due to negligent conditions, like failure to maintain the property or inadequate security.
As with any lawsuit, a thorough investigation is needed to obtain evidence and show how and why the school is responsible for your injuries. Building a strong and compelling case requires help from lawyers experienced in representing injured substitute teachers.
How Long Do I have to File a Workers’ Compensation Claim?
If it turns out that you are eligible for WC, you must take the following steps:
- Report the accident to school administration within 30 days of the accident.
- See the medical provider they recommend in order to treat and document your injuries
- Make sure to submit the claim forms with the district’s insurance provider within 1 year.
In spite of these deadlines, it’s essential to start the claims process right away. Please report the incident immediately, which will ensure that you can start receiving payments as soon as possible. You should also obtain medical treatment as soon as possible to minimize the possibility of permanent disability and other health complications. Please note that you must see the doctor selected by your employer for the first 30 days. After that, you can choose to see a doctor or visit a medical facility of your choosing.
Deadline to Sue a Public School for Negligence
In California, injury claims against school districts must be filed within 6 months from the date of the accident. This is based on California’s laws concerning lawsuits against government entities. While California school districts are independent of cities and counties, they are still considered a local government entity. With that in mind, there is a strict deadline of 6 months for all liability claims involving accidents at a public school.
Statute of Limitations to Sue a Private School
As private schools are not public entities, you have 2 years to file a lawsuit for injuries caused by negligence. That’s 2 years starting from when the accident occurred, though there are limited circumstances that can be used to ask the court for an extension. However, it’s very difficult to convince the courts that you should have extra time for a lawsuit, so it’s in your best interest to initiate a claim within 2 years. We are here to guide you every step of the way, so give us a call to speak with a private school accident injury attorney.
Contact a Substitute Teacher Injury Lawyer
Due to the complexities of accident claims on behalf of substitute teachers, it’s crucial to hire a personal injury lawyer as soon as possible. However, we know that the cost of legal representation isn’t something most substitute teachers injured in schools can afford.
Here at Normandie, we have a Zero Fee Guarantee that we extend to all our clients. This is a way to provide you with free legal services, while putting the burden of legal fees on the party you are suing. Thus, all of our expenses are covered as a part of the compensation you receive from a successful lawsuit. In the event we don’t recover your settlement, you pay $0 in legal fees.
To explore the option of suing a school district or private school for a workplace accident, schedule a free consultation by contacting our office.
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