Has anyone ever filed an episode of workplace violence after being attacked by a student? What was the process like?

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I was tripped by a student and broke my shoulder. I was under workman’s comp care and still may be because a year after surgery, I went back because I had elbow pain and it was attributed to the shoulder injury. The student was suspended for 5 days and I think a Behavior Emergency Report was done because we were transporting him to the office. I should have required the sheriff was called and had assault charges filed.

I honestly didn't even remember that was an option. I don't think it gets used nearly as much as it should be, especially considering what we go through in some cases.

I was injured back in 2012 during the 1st 5-10 minutes of a newly assigned ESY position for 7-8 yr old Autistic students. Before accepting, I asked about BIPs and staffing as I did not know Ss or staff. I was notified 2 to 3 staff:1 student and the program specialist was not aware of any behaviors but would let me know. LOL, I accepted

I am now permanently disabled for life and I started with Workers Comp trying to get med care. If I had it to do again...private insurance. WC changed in July 2013 aiming to do away with fraud. I choose Drs that I respected and had known. Still, their hands were tied. I got an attorney! I was told no compensation for pain just compensation for work loss ability.

I wanted to sue the district and was told I would have to prove my injury was done intentionally. I had an email from the program specialist confirming the staffing: student ratio and no BIPs. Even ER Physician told me to get out of SPED as too many staffing members get hurt. I am not a newbie to SPED as my brother was born in 1959 and I witnessed the evolution of SPED as a sibling.

I attended my bi-weekly appts for 5 yrs and the doctor would try to get treatments authorized and if I rec'd. anything, it was one physical treatment for review and then three months to get authorization for 2 to 3 treatments. WC Dr retired in 2017.

Long and short it took me to 2017 to have a full hip MRI and then after moving to private insurance hip was replaced in 2019. The hip was the initial pain area with not being able to lift rt leg into my car at 12:30.

Now, because of a lack of med treatments with initial WC, I now have full spine deterioration needing not only hip injections and a possible nerve block coming soon. I now need a hip specialist, spine specialist along with acupuncture, Chiro, and physical therapy.

Prior to hip replacement, I took a family vacation to visit my grandson at NYU, and at that time, I could only take 25 steps and had to rest. My son said next trip, we're getting you a wheelchair. NO WAY! I continue to teach ELA at the HS level and am not giving this district ever to have power over me again.

Three Ss from that class were removed after the end of ESY and a change of placement occurred to non-public schools. I moved to the 2-3 MS class to implement a new curriculum. WC legal is now coming to fruition. I've been identified as 41% permanently disabled just for hip, lumbar, and cervical with future medical to remain open. WC hearing has been rescheduled a couple of times, as I am standing my ground to get all body parts identified. I'm fighting for consideration of the thoracic area to be included as the pain mid-back has just been reviewed. Remember, that was a 2012 injury and this is 10 yrs later. I've kept the WC case open only for litigation, but I started private pay in 2017.

Lesson learned - get private pay med involved as soon as possible. Yes, I realize that as soon as you report accident at work, things change.
Good Luck!

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