It’s September, back to school time, and are we ready? Will we be able to protect our teachers from harm?
The workers’ compensation system is central to supporting victims of school violence.
There are new ways that workers’ compensation statutes will have to adapt to the wave of violence in the workforce.
Today, we focus on the harm to teachers in classrooms from lack of support and the traumatic scars of post-traumatic stress disorders and concussions. We already face problems finding enough teachers, and yet we lose many due to injuries that could be prevented.
For almost 40 years, and continuing, it has been an honor to represent our educators. However, not until recently, have I had to guide as many teachers to file claims and protect themselves. For you see, beyond being dedicated people who take the future of our children seriously, they actually love the kids they teach. So, when a teacher is head-butted by a special needs child, when there was no backup in the classroom, and sustains a concussion that leaves him or her without the ability to return to his or her career, it’s complicated. He or she is angry, and in pain, but healing is difficult because he or she does not assign blame to the child that was in his or her care. In psychotherapy, the teacher is conflicted.
According to the MDedge article published by Sejal Parekh, April 8, 2024, similar violence is also on the rise against health care workers, especially in the emergency rooms. There is not enough support for persons with autism, according to Beth Burt, executive director of the Autism Society Inland Empire. ” The smells, lights, textures …can sometimes overstimulate a person with autism, and they can struggle to articulate their feelings which can result in a violent outburst.”
Some children are simply aggressive and commit assault with items and with force. For example, a teacher is afraid to turn her back on the class to write on the board because last week a student threw a stapler at her head.
Rarely is a criminal complaint made against the children. The child remains in the system, the teacher is the one who leaves. Teachers report that when it comes to physical violence, 56 percent of teachers have had incidents. According to the American Psychological Association, Journal, May 30, 2024, violence, aggression against educators grew post pandemic, and caused an increase of teachers sending in their resignations and filing for retirement.
In workers’ compensation, the teacher has limited options, but at least there is some support. Some jurisdictions, such as Prince George’s County have “assault leave” that can be provided in certain circumstances, in addition to workers’ compensation. But there is no remedy to go against the school system in liability after filing for benefits. The case being watched is out of the Commonwealth of Virginia right now, set to go to trial in 2025 filed by a teacher shot by a 6-year-old child in school. She filed for workers’ compensation, but she also won a summary judgement to go forward with her liability claim against the school. Will workers’ compensation remain the exclusive remedy if chosen in Maryland? Last year I suggested we pass legislation that would make the employer liable if 1- it was aware of the danger and 2 – its failure to act on it caused harm.
For now, we try our best to make sure that the teacher gets immediate care, whether it is with a concussion clinic, or counseling, or surgery and rehabilitation. However, many insurance carriers in workers’ compensation are not eager to immediately provide the care and want their own IME, independent medical evaluation, and a hearing. This is very detrimental in an assault case, as it does not allow for the time sensitive care and often makes matters worse. I have seen delay, even in neurodiagnostic testing in evaluating the head claims.
A fractured leg will usually heal. A psychological trauma might not. Workers’ compensation can offer vocational rehabilitation, but it is often not the answer for these teachers who are highly educated. Many have left to pursue different career paths. A workers’ compensation permanent partial award for their residuals, may just not be enough. And it certainly doesn’t help our schools to lose another teacher when these injuries could be avoided.
