Legal Question in Workers Comp in South Dakota

Carpal tunnel

I have to have carpal tunnel surgery, and will be out of work for 9 weeks. I am also finishing my elementary education degree, which means I need to student teach for 12 weeks. Will I be fired if I student teach for those 9 weeks and then use three weeks of vacation time to complete my degree? I am unable to work, but was given the okay from my doctor to student teach, as it doesn't affect my carpal tunnel surgery as my position at work does.


Asked on 12/30/03, 3:47 pm

1 Answer from Attorneys

Scott Sumner Sumner Law Office, P.C.

Re: Carpal tunnel

It would be wrong of your employer to fire you because you cannot work due to medical restrictions from your doctor following surgery for a compensable workers' compensation injury. The appearance of student teaching while on temporary disability is likely to rub the employer and its workers' compensation insurer wrong, however, and they may work to push you to return to work sooner. Partly the issue will be your receipt of temporary total disability benefits during the time that you are student teaching. What you propose is not improper but it is unusual. It would be best if you talked with the employer and the insurer about this in advance and get an agreement from them. If the student teaching is important to you, you may want to consider a compromise on temporary disability benefits, in whole or in part, to get them to go along with your plan.

Read more
Answered on 12/31/03, 11:21 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in South Dakota