HELP: Job replaced????

[judie]

Hi!I am a 3yr old head teacher working in a non profit private school in NY. I slipped and fell on juice that was spilled on the floor. This happened Jan.7. I have not been back at work drs orders. I have a torn ACL AND a hairline fracture of the tibia. I have been going for PT 3x aweek. The person at work who filed the papers messed up and signed me up for disability not workman comp. So naturally I haven't rececived any $$ yet. BUT my question is...being that I hurt myself on the job AND I might need surgery for the ACL can my admistrater give away my job??? In other words...will I not be able to return if (or when) I have surgery to the same position I held?

[AQA]

Other than FLMA, I know of nothing else that protects someones job.
Another issue I see is, what are you going to do for money while out of work???? I am unfamilar with your state laws, but one thing I do know is that there is a time frame in all states in reference to when a claim can be filed.

[sparkey]

I would go to HR and make sure they correct the paperwork and file it under workers comp. I do not see how they could not see that was a error in filling out the paperwork when you were injured. Have you been contacted yet from their IC adjuster? Also you could even call your WC IC and explain to them what happened. Why is it over a month of knowing this that nothing has been done to correct the paperwork?

[Bummer Knees]

Hi Judie

Welcome to the forum!

I was injured in 2005; I worked in an Early Childhood Classroom with 3 & 4 yr olds at the time I was injured.

I have been in physical therapy several times and have been surprised at the number of teachers injured on the job!

I would check your employee's handbook and see what it says about work comp, sick leave, and disability. The school I worked for has specific policies in place that they follow with work comp injuries.

One of the problems I run into in returning to work is I must pass 3 separate physicals and health assessments for accreditation and state licensing before I can return to work.

[judie]

Hi! Thank you so much for responding...The paper work is now filed and hopefully within the next 2 weeks the $$$ will be sent. (I hope). The person at the school who I am dealing with "claims" to never had to file a workman comp form before. (no one heard me yelling.....?) Also we do not have any type of guidelines. I know when a teacher is out on maternity leave it is for 6 wks I believe but again not too sure. I'm really nervous about not having my job when I return. I do have to say that my class is one that gets filled up very quickly by requests of parents...and I do alot for the school.

[Still in Limbo]

Hi Judie, and Welcome to the Forum!! The First thing You need to do to Find out about Your Job Retention is to See if NY is an "At Will" Employment State. If so You work at Your Will, and they Hire You At Will, and You can be let go for just about Any Reason other than Age, Race, Gender, Injury Specifically, (If You are going to be Out of Work for too long, they May be Able to Replace You, but not for the Retaliation of getting Injured on the Job). Does Your School have enough Employees to be Eligible to Fall Under the FMLA Guidelines? Do You have a Union? Did You Sign any Contract to Work, or do You have an Employee Handbook? Have You seen them Use Subs in the Past? My Opinion Only, I would Speak to the Head Master or Supervisor of Your School and be Upfront, and Voice Your Concerns. You will feel Much Better Knowing, and if it's bad news, You May want to Speak with an Attorney to Make Sure what is being Done is Legal. I have been Off of Work for Over 4 Years Now, I still have a Co. Credit Card, (Which I don't Use) and I haven't been Fired Yet!! I'm Totally Disabled, but they just haven't gotten around to it Yet! Best of Luck, and Please Keep Us Informed!