I went under workmans comp. See above. I have to use my banked sick days for this and was trying to avoid that. I did not drive under the influence of Vicodin. I also didn’t think I was likely to hurt myself in a classroom where I have the option of when to stand or sit or reach or bend.
In our school district prior discipline records are used. Just as in the criminal system, we need to look at past behaviors to address current issues. If there is a pattern of offenses it needs to be addressed. If he had assaulted me in exactly the same way with intent to harm and done the same damage he would be expelled.
Not happy here with your state for making you use sick leave. Virginia may be for lovers, but it certainly is not for workers. At a point does workman’s comp leave kick in? Or short term disability?
Between the crunching sounds and not being able to wear a bra, it might behoove you to return to the Dr. to ask for further assessment. As well as complain a little louder and longer about how you are feeling at work, to the principal and state the facts to this kid who is taking it too lightly. Both need to know the effects of their actions. Of course there are political ramifications with many interactions in the schools.
Feeling for you, as you seem in a lousy place in a number of ways!
The principal didn’t talk to you when passing by you in the hall… but you didn’t talk to her, either. It seems to me that shipping this kid off to alt-ed is pretty harsh. I’d go see the principal tomorrow. Tell them you are filing a worker’s comp claim, and you expect an apology from the kid. I don’t see why you are waiting for the principal to come to you.
The principal is very socially awkward. It’s very common for her to ignore or be very curt to any staff member that stops her in the hallway and that is not an appropriate place to have this conversation. The whole point of this thread was to help me plan what to say when I can talk to her. It seems several of you mainly want to point out everything you think I’ve done wrong so far. Thanks. Got it.
I would focus on myself, not so much on the student. You sound like you’re in a lot of physical pain, something in your body is still hurt, injuried. I read others saying take care of yourself first; do what you need to do to fully heal. Don’t go to work before you’ve stopped hurting. Crunchy sounds isn’t good. Use the sick leave to stay home and heal. If you don’t heal, you won’t be able to care for your husband when he needs it. So thinking what to say to the principal is a bit premature. That can wait a couple of weeks until you feel better
fwiw, although I can see why you want the student receive ten day suspension, I’m not sure the kid sees this as a punishment.(Why do adults think days off is a punishment? It’s called vacation or holiday.) I, however, would be on board with the alternative school. And, of course, an apology.
@zoeydoggie are you an union employee? If you are I would go to your union representative. Since this is a worker comp situation and the principal has reduced the suspension from 10 days to 3, I would involve them.
Is there any way you can negotiate time off from sick time to paid time off? Not sure how that would work though. I totally get that you are other needs for your sick leave and it seems unfair to have to use time you’ve accrued for a workplace injury.
As far as talking to the principal, since she is socially awkward, I would point out that a) it’s common courtesy when reducing punishment that the injured party should be informed and b) that she should have sought you out and asked how you were feeling physically before any judgement was administrated. Also I would write down everything that you’ve told us and I would not be afraid to take this issue higher. Personally I think the principal blew this and should have considered you before changing the punishment and sending a blanket email.
If you are not an Union employee, I would think about scheduling the meeting with the ap who was there during the incident and maybe the employee who witnessed the assault (especially if you feel it was an assault).
Good luck and I hope you are feeling better today.
I was very surprised that VA makes the employee take sick time for injuries on the job. http://www.veanea.org/home/1259.htm I’m sure it would be a very different case in strong union states. Why is physical contact allowed in public middle schools? And isn’t this a low-income middle school? Aren’t there more discipline problems and fighting issues in such schools? Why allow any physical contact?
Also @zoeydoggie don’t try and confuse things by bringing up that the student says that he was trying to be funny. You feel that it was an assault and that the student was very aware that he was not to touch you aggressively. Just state the facts and that you are injured and the extent of your injuries should be considered.
I am an NP in Ohio and do worker’s comp. Do not see your own doctor or a specialist on your personal insurance. If private insurance finds out that you were hurt at work they won’t pay and worker’s comp won’t pay for anything that’s not pre-approved. Make a follow up appointment with the WC provider you saw and discuss your concerns with them. Let them help you. that’s what their office is trained to do.
Oh, and in Ohio you have to miss 7 days of work to request temporary total compensation. It’s about 60% of your pay and it takes time to get it approved, but you should ask your union if you are eligible for assault pay.
I see nothing wrong with telling the principal that you feel an apology is in order from the student. Kids need to learn that their actions have repercussions. You need to think whether you can continue to have this student in your classroom. Talk to your union rep and find out where you stand on this.
Here you need to use 5 days, then disability. And most professions cannot bank sick days, so it is good that you have them banked. We get none. It all comes from paid time off, regardless of reason.
I think you might want to talk to a professional about your feelings here. You didn’t do anything wrong, but you are very conflicted, and they might be able to help you sort it out in your head by asking questions, and the back and forth to get you to find the source of your conflict. Bc it is about you right now, not what happens to the kid. They can help you sort out which feeling go where.
Also, Vicodin can make you very irritable and then you are confused by the source of that irritability. That may be part of how you are feeling too:)
Since you mentioned that the principal is not a good communicator, it might be best for you to be clear with yourself first exactly what you want before going to talk to her. Sounds like she isn’t good at discussing,so consider going in with a short but clear statement of how you feel and what you want. Such as " As you know, I was injured on the job on XXX date when YYY student grabbed and shook me. I have filed a WC claim and am under the care of a WC Dr who has placed me on medications and is recommending I take XXX days off. SInce it is a documented WC injury, I would like the days off covered under XXX rather than having to use my personal sick days. Who do we speak to to arrange that? Additionally, I would like a formal apology from XXX and feel that a punishment of 3 days OSS is insufficient for a repeated assault. I would ask that he be given XXX" (thought she probably cant tack on a punishment at this point).
Not sure I agree with that. Some clients are content with how their WC is being handled, and do not find the need to secure legal representation. And once they do hire an attorney, communication typically ceases as the workplace then typically says they can only have their legal counsel speak to her legal counsel.
Its only been a few days. Lawyering up at this point seems premature. If she feels she isn’t being treated well or fairly, then considering legal counsel may be prudent.
Whoops – we crossposted. I meant Why to zoosermom’s post, that one should always consult a lawyer before filing a WC claim. IME, WC claims are often not a big deal.
Oh, and your union rep or someone else should accompany you to your meeting with the principal. It is always good to have someone else hear what is being said.