Full- or part-time paraprofessionals, occupational and physical therapists, school nurses and administrative employees are all eligible for workers’ compensation if they are injured on the job. (Supervisors of school security are also covered, but as NYPD employees, they have a different process.)
What is workers’ comp?
Workers’ compensation is insurance paid for by the employer. It covers medical costs associated with an on-the-job injury or illness, and it pays a portion of lost salary if you miss work. If you use days in your Cumulative Absence Reserve while injured, a portion of these days can also be restored. You can also file a workers’ comp claim for an occupational illness, which is a medical condition caused by the nature of the work you perform that develops over time and has been diagnosed as work related. (This can include COVID-19, if you work in a location where the virus is documented.)
It doesn’t matter who is at fault for the injury/illness, as long as you were on school property or performing assigned work duties. The exceptions are when the injury is due solely to intoxication from alcohol or a controlled substance, or you willfully injure yourself or are hurt while trying to injure someone else.
How to file a claim
The city Department of Education requires employees to report a work-related accident or injury within 24 hours, but under workers’ compensation state law, employees have up to 30 days to notify an employer in writing of an accident or injury. (Even if you don’t lose any days from work, you should still report the incident, inform your chapter leader and contact the UFT Workers’ Compensation Unit.) Save copies of all paperwork and receipts related to your case.
Fill out a DOE Comprehensive Accident/Injury Report immediately. In the case of an assault or other safety incident, also file a DOE occurrence report and submit a UFT incident report. You should then file a C-3 form (Employee Claim) with the state Workers’ Compensation Board as soon as possible; however, you have up to two years from the date of the incident (or two years from knowing that the injury was work related).
Once notified of the injury, your employer is obligated to notify its workers’ comp insurance carrier (for the DOE, this carrier is the city Law Department) within six days. This notification is done by your school payroll administrator by filing a C-2 form (Employer’s Report) via the DOE payroll portal. The Law Department will then issue you an indexed carrier case number for all medical procedures that would generate a bill or invoice.
Within 48 hours of the incident, an authorized medical provider will also need to submit a C-4 form (Doctor’s Initial Report), which can be filed only by a doctor authorized for workers’ comp claims; be sure to advise your medical provider(s) promptly that your injury or illness is work related. An authorized medical provider can also testify on your behalf if necessary.
The UFT can help
The UFT works with a reputable legal firm whose lawyers can advise on your claim and help with paperwork. The legal fee is deducted from monies you receive in your award.
You may also be eligible for other benefits, such as disability or unemployment insurance; consult the UFT or your workers’ comp attorney before applying. Forms and more detailed information are available in our workers' compensation section or call the UFT Workers’ Compensation Unit at 212-510-6460.