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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 27889
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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Dear Sir/Mame, On March 8 of 07,a student blindsided me

Resolved Question:

Dear Sir/Mame,

On March 8 of 07,a student blindsided me in my classroom door
trying to get out as I looked down hall to see where another kid who ran out had gone. The slam and shove pushed me back 2-3 feet and I felt to my back go pop,pop,pop, injuring
my lower back causing excrutiating pain. The kid got 5 days cafeteria duty from the principal and I was never able to go back to work again, lost house because of 8+ months with noLTD and had to decloare bankruptcy, nor do daily activities the same.
I had to go to the districts clinic , doc was going to take xrays(I told him they had 1 1/2 yrs ago and showed arthritis and swelling) and I told him he needs to send me for MRI cause this was different., and
was told rest 2 days and go back to work and come back 7-10 days. I did and next doc just gave me steroids and muscle relaxers like previous time I had injury from breaking up fight and go back to work. Had to wait 10 days according to district policy to
see MY doc who ordered MRIimmediately and imediately referred to neurosurgeon.
I filed grievance (which is now supposed to go to arbitration, but still hasn't,and now Human Resources department is trying to get it dropped)I have asked by phone, email and in person who handles this and duty disability legally for union and have gotten no response, workers' comp. , still unsettled, SSD just settled may of 08 saying I am totally and permanently disabled.   It took 4 months before Insurance co. agreed they had to pay for neurosurgeon, she wanted to do surgery and when I went for pre-op testing, they said platelet level was low (which I was told 7-8 years
before, and referred me to hemotology/oncologist. He did lots of blood work up and finally a bonemarrow biopsy and said 95% of my marrow had hairy-cell leukemia and there was only 1 treatment
for this type chemo for 24/7 for 7 days. If it didnt work, I had 1/2- 1 yr if it did work maybe 8-10 yrs. It worked and I am in remission and last visit he said come back in year and get blood tested every 3 mo.
rather than every month
Had back surgery finally in NOv. 07 which helped some, but am still in constant pain and cant stand ,sit, or walk for very long. without laying down.Meds help some, and still
lower back pain is bad constantly and then gets more severe. They say nothing more they can do for that pain.
Was supposed to collect Long term disability after 45 work days, but didnt get paid for 8+ months so lost house and lost vision and dental benefits.
So went from 2600 sq ft house with Huge rooms 5 bdrms, 2 1/2 baths , to 850 sq ft aprtment here in Flushing.
Have been filling out paperwork,making calls, and trying to get things done . Maybe another year to 2 before things are settled. So I am making do as had to use all 403b and Roth IRA money(plus pay large penalties and taxes) to live on and went bankrupt (didnt get paid for 14 weeks
year before with eye probs.) Trying to do
best I can. Takes me long time to do most anything, and have to take lots of breaks to get done what I can(lots that I can't do). So I spend lots of time starring at apt. walls sometimes week or more before I get out. Usually for doc or
legal appointments. Tried to get a lawyer to sue district for unsafe work conditions and lack of proper disciplinary practices as reported by WJRT's Taryn Asher in February of 2007, but no one was willing to take on Government agency without specific person to take action against.Have been denied second time for duty disability pension and told teaching is perfect job since never have to bend over(unless want to work with student or groups) and no metion of having to take valium, vicodin, and xanax 3 times a day just to relieve side effects of lower back pain, and be able to lay down to try to relieve severe back pain which follows constant pain within varying short periods of time.
Tom Dixon
Submitted: 5 years ago.
Category: Employment Law
Expert:  LawTalk replied 5 years ago.
Good evening Tom,

What is your legal question?
Customer: replied 5 years ago.

Dear Sir/Mame,

On March 8 of 07,a student blindsided me in my classroom door
trying to get out as I looked down hall to see where another kid who ran out had gone. The slam and shove pushed me back 2-3 feet and I felt to my back go pop,pop,pop, injuring
my lower back causing excrutiating pain. The kid got 5 days cafeteria duty from the principal and I was never able to go back to work again, lost house because of 8+ months with noLTD and had to decloare bankruptcy, nor do daily activities the same.
I had to go to the districts clinic , doc was going to take xrays(I told him they had 1 1/2 yrs ago and showed arthritis and swelling) and I told him he needs to send me for MRI cause this was different., and
was told rest 2 days and go back to work and come back 7-10 days. I did and next doc just gave me steroids and muscle relaxers like previous time I had injury from breaking up fight and go back to work. Had to wait 10 days according to district policy to
see MY doc who ordered MRIimmediately and imediately referred to neurosurgeon.
I filed grievance (which is now supposed to go to arbitration, but still hasn't,and now Human Resources department is trying to get it dropped)I have asked by phone, email and in person who handles this and duty disability legally for union and have gotten no response, workers' comp. , still unsettled, SSD just settled may of 08 saying I am totally and permanently disabled. It took 4 months before Insurance co. agreed they had to pay for neurosurgeon, she wanted to do surgery and when I went for pre-op testing, they said platelet level was low (which I was told 7-8 years
before, and referred me to hemotology/oncologist. He did lots of blood work up and finally a bonemarrow biopsy and said 95% of my marrow had hairy-cell leukemia and there was only 1 treatment
for this type chemo for 24/7 for 7 days. If it didnt work, I had 1/2- 1 yr if it did work maybe 8-10 yrs. It worked and I am in remission and last visit he said come back in year and get blood tested every 3 mo.
rather than every month
Had back surgery finally in NOv. 07 which helped some, but am still in constant pain and cant stand ,sit, or walk for very long. without laying down.Meds help some, and still
lower back pain is bad constantly and then gets more severe. They say nothing more they can do for that pain.
Was supposed to collect Long term disability after 45 work days, but didnt get paid for 8+ months so lost house and lost vision and dental benefits.
So went from 2600 sq ft house with Huge rooms 5 bdrms, 2 1/2 baths , to 850 sq ft aprtment here in Flushing.
Have been filling out paperwork,making calls, and trying to get things done . Maybe another year to 2 before things are settled. So I am making do as had to use all 403b and Roth IRA money(plus pay large penalties and taxes) to live on and went bankrupt (didnt get paid for 14 weeks
year before with eye probs.) Trying to do
best I can. Takes me long time to do most anything, and have to take lots of breaks to get done what I can(lots that I can't do). So I spend lots of time starring at apt. walls sometimes week or more before I get out. Usually for doc or
legal appointments. Tried to get a lawyer to sue district for unsafe work conditions and lack of proper disciplinary practices as reported by WJRT's Taryn Asher in February of 2007, but no one was willing to take on Government agency without specific person to take action against.Have been denied second time for duty disability pension and told teaching is perfect job since never have to bend over(unless want to work with student or groups) and no metion of having to take valium, vicodin, and xanax 3 times a day just to relieve side effects of lower back pain, and be able to lay down to try to relieve severe back pain which follows constant pain within varying short periods of time. what recouirse do i have without any significant income(1900/ month SSD- perscription plan and scripts) and what can I do to union for not representing me when I paid dues for 0ver 20 years? and against district?


Tom Dixon

 

Expert:  LawTalk replied 5 years ago.
Good evening,

It was unnecessary to re-copy your lengthy fact pattern to accompany your 40 word question. I read it the first time.

Your primary recourse is in worker's compensation. You do not have a cause of action against the school district for its failure to protect you. So long as there is worker's compensation coverage for you, the school district is immune to any action for the negligence of a student.

My understanding is that it is not the Union's obligation to represent you in a work comp case. You can hire an attorney on a contingency basis to pursue that case.

I am afraid that you are simply looking for remedies that do not exist. Your plight is a sad one--with that I will agree. However, the entire incident was an accident and as such there is no specific recourse against the school.

HOWEVER, while you may not have considered it, you do have a "potential" cause of action against the student who blindsided you. In MI you have 3 years from the date of the incident to file suit against the negligent party responsible for your injuries--even a student. If they have a home owner's policy on the home they live in, there is a possibility that you may be able to collect a significant sum from the homeowner's policy.

I suggest that you consult with a personal injury attorney concerning a potential civil claim.

I wish you well.

Best regards,

Doug



Customer: replied 5 years ago.
I have a workers' comp. lawyer, I needed a remedy to unions lack of representation in grievance arbitration, and duty disability retirement hearing. Have already been told that since assault was intentional , not accidental I have no recourse against student other than police report I filed, The school district has been informed in past of failure to provide safe environment due to over crowding and lack of following district and state discipline policies. I have a transcript of the TV news segment stating this and staing superindtendent refused to adress the situation with the unsafe conditions.
Expert:  LawTalk replied 5 years ago.
Good evening,

I can not help you with the union. If you have a legal beef with them you need to hire a local attorney to fight them. Nothing I could tell you will assist you with inter-union problems.

The fact that the school district is aware that there are unsafe conditions is a red herring. There is no way that the school could have reasonably predicted the incident in which you were injured. It is a losing battle.

However, over the years, I have won many, many cases against insurance companies when it was believed the action was intentional. I always file both a Negligence action and an Intentional Tort action against the person with a home owner's policy. As long as you allege negligence the insurance company has to defend the claim. A good personal injury attorney will likely get you money. Don't give up.

The student will not want to admit that they intended to hurt you so bad---then they go to jail. They will claim it was an accident---then you win the negligence case.

Sue the student--it is a winnable case.

I wish you the best.

Best regards,

Doug

LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 27889
Experience: 30 years legal experience and I keep current in Employment Law through regular continuing education.
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