Teachers Face Unique Issues When Injured at Work

Teachers in New Hampshire face unique issues and challenges when dealing with injuries at work. It’s wise to consult with a union representative or attorney early on to avoid unwitting errors in worker’s compensation which could result in significant loss down the road.

Worker’s compensation is a critically important benefit that provides numerous protections to employees injured on the job.

Worker’s Compensation is the insurance coverage for lost pay, medical bills and other damages caused by a work injury, but it does so much more. It also provides job protection for up to 18 months for temporary disability (as opposed to only 12 weeks under the FMLA which covers some non work related injuries) if an injury results in time out of work.

Further, while it does not provide compensation for pain and suffering, it does provide for a one time payment for certain injuries which are deemed permanent under the law, a benefit which can make the difference in meeting expenses in the case of a lengthy time out of work.

Even more important for some, a claim that is accepted as work related will entitle an employee to state disability retirement regardless of vesting. It essentially accelerates the vesting as of the date of injury. As vital as this benefit is, it has some loop holes and traps for the unwary which can be treacherous.

As valuable a benefit as it is, there are traps for the unwary which apply uniquely to injured educators.

Lost pay under this law is based on the employee’s "average weekly wage", a figure which can be calculated in a variety of ways and depending on the method of calculation, teachers can find they are at a tremendous disadvantage. A teacher’s salary is typically paid for work performed over a contract year comprised of 182-185 days, but teachers are permitted to spread their pay out over a longer period in many cases, in order to better budget. This option results in a lower average weekly wage and will result in a lower payment for lost time from work due to injury than would the per diem rate used for most other pay loss calculations in teacher contracts. Teachers who take unpaid leave for maternity leave for example, are likely to be charged at a per diem rate, but only be paid at the lower rate for injuries which take them out of work. The rate of loss is per diem, but the rate of pay will likely be far less as it will be calculated by dividing the salary by 52 weeks instead of the 37 weeks of actual work under a teacher contract. For a teacher making $40,000 a year the average weekly wage based on weeks worked (37) is approximately $1,081 ($40,000/37) whereas the average weekly wage under the worker’s compensation calculation is only about $769 ($40,000/52). Spreading pay out over 26 biweekly pay periods (52 weeks) could result in a substantial loss in income should a teacher get hurt and lose time from work!

In addition to the problems with wage loss calculation, teachers and para professionals are more likely to see their claims for injury denied as being supposedly "voluntary" if the injury arises from an activity not specifically named in the contract; but really what is? Educator contracts are vague by nature and often do not specifically list all the duties and activities educators must perform and participate in, how could they? Unfortunately, some insurance carriers have begun to deny claims which arise from activities which they deem to be "voluntary"; a term they use for activities not clearly laid out in the teacher’s contract as "mandatory". That means, participating in that student teacher basketball game may be far more risky than you had imagined, as you may be left without coverage for an injury. The possibilities are endless for denial when one considers all the activities teachers and paraprofessionals participate in which are not specifically laid out in a contract. Is square dancing with your first graders at a school sponsored art festival mandatory? What about showing the kids how to kick the ball in gym class rather than just telling them; was that voluntary on your part?

What is the answer?

Speak to your union and find out how your employer handles these issues and by all means Be Well Informed and Well Represented from the start.

If you’ve been injured at work or have suffered an injury which may impact your ability to work, and you have questions, you can call Rice Law Office for a free consultation regarding your rights or visit us at our website.