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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Angry High School Science Lab Negligence

    I am a high school science teacher. While I was setting up a lab I had a slip/trip/fall accident and suffered a concussion. I was taken by ambulance to the hospital and admitted overnight for observation. I cannot remember everything about the accident because I was knocked out. Some witnesses think that I slipped in some oil that I was using for the experiment. Some think that I could have slipped in/over something on the floor because our janitors found out that their contracts were not being renewed and just stopped coming to work (lab was a mess). I thought that the stool that I was sitting on collapsed because it is not unusual for a screw that holds up a stool leg (4 legs to a stool) had come unscrewed and the stool leg gave-out and I fell to the floor.

    I have told the science chair/maintainance department/administrators that something has to be done about the stools before someone gets hurt for seven years! No one listened to me and now I am the one that is hurt and I am having a very hard time recovering from my concussion.

    Is the school liable for negligence? What if I never fully recover from this concussion? Is there a civil suit somewhere in this too?
    Last edited by freddickey; 06-03-2010 at 10:07 PM. Reason: spelling errors

  2. #2
    Join Date
    Jan 2009
    Posts
    202

    Default Re: High School Science Lab Negligence

    [QUOTE= I cannot remember everything about the accident because I was knocked out. Some witnesses think that I slipped in some oil that I was using for the experiment. Some think that I could have slipped in/over something on the floor. I thought that the stool that I was sitting on collapsed because it is not unusual for a screw that holds up a stool leg (4 legs to a stool) had come unscrewed and the stool leg gave-out and I fell to the floor.
    Is the school liable for negligence? What if I never fully recover from this concussion? Is there a civil suit somewhere in this too?[/QUOTE]

    I was the pedestrian victim of a hit-and-run incident without witnesses. Another vehicle came along after and saw me unconscious in the street and called 911. In your case you have a class full of witnesses. One considers the students closest to you as best. It seems your case is accepted by your IC, whom did their own investigation? Have you filed a WC claim? These two groups are the only way you may learn what happened. Legal questions are better answered by others. They are here, and good. All the best.
    Last edited by ransa; 06-03-2010 at 11:29 PM.

  3. #3
    Join Date
    Jan 2010
    Posts
    130

    Default Re: High School Science Lab Negligence

    Welcome to the world of getting screwed! Look for an attorney quick. Read this board as much as you can. Again get legal advice! ASAP!

    Puppet

  4. #4
    Join Date
    Jun 2010
    Posts
    2

    Default Re: High School Science Lab Negligence

    There were no witnesses.

    I was in the lab alone during my prep hour. A "prep hour" is a class period assigned to teachers but they do not have students in the classroom. It is a time for the teacher to prepare...make copies, correct papers, set up a lab, etc.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: High School Science Lab Negligence

    Filing a claim for WC benefits due to industrial injury is generally your exclusive remedy.
    You can file a report to OSHA... whether that is something they would act upon is another issue.

    No one disputes you are injured, only that you may or may not be eligible for benefits under the employers plan for work related injury.
    Even if you fell due to a personal medical issue, you should/would be eligible for WC benefits. Aggreviation to a pre exsisting condition is generally compensable under comp rules.

    If you fully recover, without permenant disability/impairment, there would be no indemnity award/settlement.
    In WC you are eligible for wage replacement while you treat/recover from your injury, and medical treatment/care.
    Once you are released to RTW...you may be offered a stipend if there is no PPD, for your consideration to drop any further claim for benefits in this claim.

    Talk to an attorney. WC laws are state specific, and vary widly. Answers on a message board are generic at best... don't know all the factors surrounding the claim/injury.

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