In addition to workers’ compensation benefits, teachers and other school employees may also be eligible for a paid leave of up to 60 days after a work-related illness or injury.
The injured employee only has to use a day of leave on a day when school was in session or the employee had to report to work.
Unlike workers’ compensation, individual school districts must assure their employees get these benefits under California’s Education Code. In addition to this paid leave, the Education Code affords other benefits that might help a sick or injured employee.
If I can get Education Code benefits, should I still file for work comp?
School employees in Alameda County and Contra Costa County who can take advantage of the Education Code’s leave benefit should still strongly consider applying for workers’ compensation benefits.
On the one hand, the law requires that an employee not get more than the equivalent of one day’s pay between their leave payment and their work comp payments. Moreover, workers’ compensation only pays for up to two-thirds of a person’s weekly salary. The Education Code’s benefits
However, workers’ compensations disability payments may last longer than benefits allowed under the Education Code. Also, workers’ compensation benefits also include payments to cover medical and other expenses and other benefits.
What can I do if I have a hard time collecting benefits?
Teachers and other school employees in Antioch and the surrounding areas have a right to receive these benefits after a qualifying work-related accident.
Sometimes, they may have a difficult time convincing their employer or the insurance company to pay what the benefits the employee deserves. An employee does have some legal options and alternatives available to them when faced with this sort of situation.