Legal Question in Workers Comp in New Jersey
NJSBAIG won't reimburse for PTSD caused in workplace
I am a teacher. I have been assaulted twice by students in the past two years. The second time, 2/17/05, the student who assaulted me was not suspended or put out of building for the incident, and was allowed to stay in the bldg. threatening my life and harassing me for a month after the incident. She even tried saying I assaulted her, and had her mom file charges. She was found guilty in juvenile court, and guilty of perjury in municipal court. I missed 31 work days (no sick time remaining) and was diagnosed with PTSD. Workmans comp NJSBAIG would not pay, saying that what happened to me was ''typical of my place of employment''. NJEA has refused my case, and told me no-one would take this case, PTSD is not considered a valid ''injury''. I feel that something has to be done, or teachers will be considered as paid punching bags, and administrative negligence ( by not removing the assailant from the situation ASAP and even refusing to call the police, my principal is also guilty) in the handling of injured teachers will also be considered as tolerable. My student assailant was not classified special ed, and had a file of discipline problems about 6'' thick! I want to file suit ASAP. Can anyone help? Thank you.
3 Answers from Attorneys
Re: NJSBAIG won't reimburse for PTSD caused in workplace
We may be able to help. Although the law in this area is not very good for injured workers, it may be worth filing the claim. Our position is that teaching and light discipline is part of the job, being assaulted by students is not so your injury is compensible. Call us for an appointment, 201 656 8500.
Thank you.
Ricky Bagolie
Re: NJSBAIG won't reimburse for PTSD caused in workplace
Dear Teacher: I am not sure from your description about several important facts, which I would prefer to discuss by telephone. For example, what injuries did you suffer physically, and what medical treatment? What if any physical contact did you use to try to protect yourself, and what were the alleged injuries that the student claims? Please call me if you wish to disuss. 973-890-0400.
Bob Davies
Robert F. Davies, Esq.
Davies, Davies & Sandberg, P.A.
37 Vreeland Avenue, Totowa NJ 07512
voice 973-890-0400; fax 973-890-0722
email to: [email protected]
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Re: NJSBAIG won't reimburse for PTSD caused in workplace
This may very well be a compensable claim since it did arise out of the course of your employment and you did seek medical care because of it. PTSD and other mental health claims are more difficult to pursue in Workers COmp, but not impossible, and I have represented people for issues similar to yours in the past. Please call me at 908-272-0111 to discuss your case in more detail. There is never any charge for simply talking to me about a case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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