I am a Third Grade teacher in Pennsylvania, while I was walking the halls monitoring classrooms during an inside recess, I heard students in my classroom yelling. I ran to my room and found 3 of my students trying to hold up a large dry erase white board (4 ft by 6 ft) that was coming off the wall on one end. I got everyone out of the way and as I turned to inspect the board the entire thing came off the wall hitting me in the head. I immediately reported it to the office and nurse. I was sent to the hospital for x-rays. I have compressed vertebrae and muscle spasms in my neck. I was told that in order to qualify for workmens comp. I must first use 7 of my own sick/personal days before it could start. Is this true in all work settings or just my school dist. The dr. is not sure how soon I will be able to return. I have only just recently returned to work after taking time off for maternity leave. I have only 5 sick/personal days left.

I also found out after the incident that the custodian was aware of the problem with the whiteboard being loose on one end and assured the substitute that he would fix it. I have witnesses who heard him being told of the problem and saying he would take care of it. He now denies any knowledge of the problem.

Can I demand that the district not take my time away from me since this in no way was my fault? Even though the injury was not more severe should I get a lawyer and sue the district for negligence?

I'm really confused as to which way to turn.

Thanks for any help

I would definatelty consult a lawyer on this one. If they expect you to use some of your own personal days they are taking those away from you because of an injury caused by their negligence. They should be glad a child wasn't killed.

I agree - get an attorney who specializes in worker's comp. They are aggressive and have this special instinct it seems. I would not take what the school told me as gospel. I guess because I think an employer will try anything and everything to gyp an employee out of their rights and benefits, and also to deny wrongdoings.

When you saw your doctor, you should have filled out the worker's comp papers right then. Get supporting documentation from the person who told you the maintenance person/custodian knew about the problem. Your attorney will subpoena that custodian if necessary.

Don't let the school district get by with this. If they try to intimidate you with your employment status, you can fight that too. Remember to document everything and everyone involved in this. Your own students can even testify.

Best of everything to you.

Workers comp starts from the first day of the accident, they have to pay all of your lost wages, and all of your medical bills, and no, you are not required to use any personal or vacation days for this.

Now it may take a while to actually get paid by workers comp, you will not be getting a check from the school, So you need to make sure they have filed a claim with the workders comp insurance company. You need to talk to the HR of your school disctrict someone is lying to you as for as my opinon. I have not mananged in NY for a while, but that is how it used to be, and how it is in the several states I have busienss dealings in now.