Can I Sue if I was Injured While Working as a Substitute Teacher?

Even the most committed teacher gets sick or has personal matters that require them to take time off from their job. In these situations, a substitute teacher can step in and make sure that the students keep up with their studies. These professionals may be parents that need a flexible part time job, or retired teachers that still enjoy stepping into a classroom now and then. Other are college students who are working towards a teaching degree and find subbing to be a valuable learning experience and source of income.

Those who teach as substitutes know that the job comes with certain risks, even though there are plenty of rewards. However, schools must do all that they can to provide a safe environment for everyone that’s on the property. That’s why school buildings must be cleaned and maintained on a regular basis. The same goes for outdoor areas like parking lots, sidewalks, and athletic fields. Schools must also have adequate security in order to prevent violent incidents, like assault and battery.

Were you injured at a school while you were working as a substitute teacher? In that case, please take a moment to contact us and speak with a substitute teacher accident attorney. Our legal team is here to provide answers to important questions, such as:

I was injured while working as a substitute teacher. Can I sue the school district?
Can a substitute teacher file a workers’ compensation claim for an accident in school?
If I am ineligible for a WC claim, what are my rights?
If I was injured while working as a substitute teacher in a private school, can I sue the school?

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Can Substitute Teachers in Schools File for Workers’ Compensation?

In California, those who work in school as substitute teachers do not automatically receive workers’ compensation if they are hurt on the job. The terms of your work contract will tell you if you are covered under WC in the event of an accident. But even if you are, you will probably need to work a certain number of days or hours in order to qualify.

Realistically, it can be challenging to figure out your legal options when you are an injured substitute teacher. Though employers are generally required to provide workers’ comp coverage, independent contractors are normally excluded from these benefits. A substitute teacher falls somewhere in between these classifications, and this is why workplace accident coverage is not guaranteed from one school district to another.

What are my Rights if I was Subbing at a Private School?

If you got hurt while subbing at a private school, the terms of your contract will tell you if you are allowed to file a claim for workers’ compensation. Chances are, you will not be eligible for these payments as a sub, but you do have the option of filing an accident claim if you were harmed as a result of negligence by the school.

You can expect the school to fight back against accusation of unsafe conditions on their property. Even if they do admit fault, what they offer you will be far below the amount you actually deserve. That’s why it’s important to work with a team of lawyers experienced in representing injured substitute teachers.

Statute of Limitations to File a Workers’ Compensation Claim in California

If your work contract provides workers’ compensation benefits in the event of an accident, you must:

Tell the school’s claims administrator about the accident within 30 days
Go to the doctor / facility they refer you to in order to document and treat your injuries.
Submit your claim to the insurance company no later than 1 year from the incident date.

Please note that you should complete these steps as soon as possible to ensure that your claim is processed in a timely manner. That way, you are not struggling from a long period of not having any income to cover your lost wages and medical expenses. In addition, make sure to see the doctor that’s been selected by the district for the first 30 days. Afterwards, you are allowed to seek treatment from another provider if you wish.

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How Much Time Do I have to Sue a School District?

As a school district is a public entity, all claims for injuries and/or property damage must be filed within 6 months of when the incident occurred. This is a statutory deadline that applies to all liability claims against the government, which includes city and county agencies, government employees, and public school districts. If you fail to complete the claims process within this period of time, you will lose the right to compensation for your medical bills, pain and suffering, and other applicable damages. By contacting our law firm, you can seek help from a school district lawsuit attorney, who will ensure that your paperwork is filed on time.

Deadline to File a Private School Accident Claim

Unlike public schools, private schools are not government entities. Thus, you have 2 years to file a personal injury lawsuit, starting from whenever you were injured in an accident. Under limited circumstances, the courts may be willing to give you an extension. However, it’s quite rare that a court system will allow for additional time to file a claim beyond the normal deadline of 2 years. With that in mind, please don’t wait to contact a lawyer who can help you sue for being injured as a substitute teacher at a private school.

Contact DTLA Law Group

As an injured substitute teacher, legal representation is critical to protecting your rights and receiving compensation from a school accident injury claim. However, many victims are reluctant to contact a law firm due to the costs of hiring an experienced attorney.

At DLTA Law Group, we offer a Zero Fee Guarantee that makes all our services free, starting with the initial consultation. Instead of charging you for the cost of legal fees, we put that burden on the party that wronged you. As long as we recover your settlement, our fees are paid for by the private or school district. If we don’t win your case, you owe us absolutely nothing.

Contact our law firm and schedule a free case review if you would like more information on suing a school for an accident or assault.

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