According to the Office of Injured Employee Counsel (OIEC), “you have the right to receive medical and income benefits regardless of who was at fault for your injury.” Additionally, you have the right to receive medical care for as long as necessary, just so long as it relates to the workplace injury.
In other words, a teacher who is injured by a student while at school can qualify for workers’ compensation coverage, because the injury occurred within the workplace.
According to kdhnews.com, “the Killeen Independent School District (KISD) saw one of its largest amounts of workers’ compensation claims last year, with a good majority coming from teachers who were injured by students.”
The Texas Association of School Boards (TASB) provides KISD’s workers’ comp policy. In the 2013 to 2014 school year, KISD had 739 claims. That is down from the 755 claims in the 2012 to 2013 school year, but is still higher than in years past.
Other workers’ comp claims from KISD included injuries from slips, trips and falls.
Why Should I Hire a Workers’ Comp Attorney?
In Texas, you have the right to hire an attorney to assist with your workers’ comp claim. At first, you may be inclined to go to the OIEC for assistance if you do not have an attorney.
Although it may seem appealing at first to use OIEC customer service representatives, it is important to understand that they can only serve to answer your questions and offer basic assistance. They cannot make decisions or give legal advice to you that may protect your interests.
A knowledgeable workers’ comp attorney will ensure your best opportunity for success by representing you through all aspects of the claims process, including a benefit review conference (BRC), contested case hearing (CCH) and an appeal.
The Law Offices of Aaron Allison – Austin Workers’ Compensation Attorney