Legal Question in Workers Comp in New York

I am a New York City assistant principal who has been attacked by a student (Dropped his school bag on my head from the second floor landing). I'd like to know what kind of cause of action, if any, I can pursue and what are the relative elements.

CWG.


Asked on 11/05/10, 8:02 am

2 Answers from Attorneys

Do you get workers' compensation or Line of Duty coverage? Most teachers get line of duty.

If you get Line of Duty, you can sue the City but you have to prove that the City assumed a special duty to protect you from this student. Its very difficult to do. If you get workers' compensation, you can file a comp claim. You can also sue the student but it is unlikely that the student will have any assets to go after. Feel free to contact me. The above is for informational purposes only and not meant as legal advice.

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Answered on 11/10/10, 8:10 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

You may be considered a "Pedagog" "in a City with more than one million people" and thus, may be specifically written out of the NYS workers compensation statute. I would file a claim immediately with the workers compensation board and send a copy to the NYC Law Department's workers compensation division in Brooklyn. If they send you C-7's (reject your claim) based on the fact that you may be a pedagog then your remedy for workers compensation may be through the teachers union. However, if you are not considered a pedagog then you may have a compensable claim.

The above is merely for informational purposes and it is not legal advice. I suggest that you consult with an attorney immediately.

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Answered on 11/10/10, 10:56 am


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