Can I Sue the School District if I Got Hurt While Working as a Substitute Teacher?

When a teacher gets sick or needs time off for a personal matter, substitute teachers are there to fill the void and ensure that the students continue with their studies. For some people, subbing is a way to gain professional experience while they are in college for a teaching degree. Others may want to get back in the classroom from time to time after retiring from a full-time teaching position. Sometimes, a parent becomes a substitute teacher in order to have a flexible job that works around their child’s schedule.

Regardless of why you are subbing, you are aware that every job comes with a set or risks. However, all teachers, students, subs, etc., have the right to expect reasonably safe conditions when they are at a school. For example, school buildings must be clean and free or hazards that can cause an accident. Furthermore, schools must have security to prevent criminal incidents, like assault and battery and sexual assault.

Did you sustain one or more injuries while working as a substitute teacher? If so, here are just some of the questions you need to have answered:

• Can a substitute teacher file a workers’ compensation claim for injuries?
• If I can’t get workers’ comp benefits, what are my rights as a substitute teacher?
• Can I sue the school district if I was injured in an accident while working as a substitute teacher?
• If I got hurt in an accident in a private school, can I sue the school?

The school injury accident lawyers of Kenmore are here to assist you 24/7. Call us today if you have any questions about your rights as an injured substitute teacher.

Can I File for Workers’ Comp if I was Injured While Working as a Substitute Teacher?

While teachers are entitled to workers’ compensation, the same cannot be said for substitute teachers. Some school districts do cover substitutes for a work-related injury, but many do not. However, it’s more than likely that there are conditions you have to meet, like working a certain number of hours or days.

Employers in California are generally required to provide WC coverage for all employees. On the other hand, they are not required to offer workers’ compensation benefits to independent contractors. Because substitute teachers are somewhere between these two entities, it can be difficult to figure out your rights when you are injured due to dangerous conditions at a school.

What if I had an Accident While Working as a Substitute Teacher at a Private School?

Whether you work for a public school or private school, the terms of your contract will determine your eligibility for workers’ compensation. However, it’s more than likely that you will not be covered for these benefits if you sub for a private school. Fortunately, you do have the option of filing a lawsuit if you can prove that negligence by school administrators or employees caused you harm and suffering.

Don’t be surprised if the school denies responsibility for what happened to you and tries to convince you that you have no right to file a claim. Alternatively, they may admit that they have some degree of liability and offer you a settlement that’s entirely too low. With representation from a substitute teacher accident lawyer, you can receive the funds you are entitled to for being injured at a private school.

Time Limit to File a Claim for Workers’ Compensation

Based on the school’s policies, you may be eligible for a workers’ compensation claim if you are a substitute teacher who was injured at work. To file a claim, you must adhere to the following deadlines:

• Make sure to notify school administration of the accident within 30 days
• File your claim for a workplace accident within 1 year of the date you were injured.

While you have some time to notify the school of your injury and submit the required paperwork, please don’t wait to file a WC claim for medical expenses and lost wages. Holding up your payments is the last thing you want to do, especially when you are unable to work due to your recovery needs. Please note that for the first 30 days, you will need to see a doctor of your employer’s choosing. After that, you are allowed to choose your own physician / medical facility.

Deadline to File a Lawsuit for Substitute Teacher Injured in School

School districts are government entities that operate separately from city and county governments. Nevertheless, they still have the protections that are afforded to public entities in the event of a lawsuit. This includes a tight deadline of 6 months, starting from the incident date, if you wish to sue a school district for monetary damages. Failure to submit a public school district liability claim on time will invalidate your right to any form of compensation, even if it’s abundantly clear that the school failed in its duty of care. That’s why it’s essential to contact our law firm and start the process of filing a claim with one of our attorneys.

Suing a Private School for an Accident – How Long Do I have?

Private schools operate without public funding, so they are not public entities like institutions that are part of a school district. That’s why you would file a personal injury lawsuit instead of a government claim if you had an accident at a private school. Generally, you have 2 years to file a lawsuit against the private school where you were injured. However, it’s always a good idea to check with a lawyer to see if there are issues that will shorten or lengthen the amount of time you have for a lawsuit.

Contact a Substitute Teacher Accident Attorney

Here at Kenmore Law Group, we have a team of lawyers experienced in representing substitute teachers that were injured in an accident. During a free consultation, we can go over your rights and legal option and help you determine the best way to move forward.

As an accident victim, you never have to worry about the cost of legal fees. We represent you on contingency and ask the school district or private school to pay us at the same time you receive your settlement check. And with the Zero Fee Guarantee, you have our promise that you will pay $0 if we fail to win your case.

Please take a moment to contact our office and schedule a free case evaluation.