Maison Law advocates on behalf of injured guidance counselors in California. If you work in the education industry and get injured on the job, knowing how to maximize your workers’ compensation benefits will save you from enormous financial and physical stress. For the best possible outcome for your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation.
What Should I Do if I Get Injured at Work as a Guidance Counselor in California?
If you are a guidance counselor at a school or university and you get injured, the first thing you should do is report the work-related injury or illness the moment it happens. Typically, a California university is required to report the injury to CAL/OSHA within 8 hours from the time of the incident. So, it is important to your workers’ compensation claim that you report your injuries as soon as possible. Injured victims who fail to report their injury later than 30 days after the incident may have their workers’ compensation denied. Common injuries for educational staff on campuses include:
- Slip-and-falls
- Carpal tunnel syndrome from repetitive stress
- Stress and psychological strain
Reporting your injury is an essential step in the workers’ compensation process. It is important to be honest. Employees often try to minimize the extent of their injuries or refuse treatment. A workplace injury is no place to act tough. Even if your injury seems minor, you should seek medical treatment immediately to get a certified diagnosis from a medical professional.
Workers’ Compensation Benefits for Educators Under California Law
Workers’ compensation benefits for educators fall under the California Education Code 44000, as well as Labor Code 3350 – 3371. Together, these laws define what qualifies as an “employee” within the education system, specific designations for School District employees, and what benefits they’re entitled to under California Law.
According to California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. Most educational workers, such as guidance counselors, are covered by workers’ compensation from the first day of their employment. Workers’ compensation in California is a “no-fault” system, meaning you can be eligible for benefits regardless of who was at fault for your injury or illness. The benefits available to injured guidance counselors include:
- Medical Care: covers all reasonable medical treatment related to your injury or illness
- Temporary Disability Benefits: benefits paid if you’re unable to work while recovering
- Permanent Disability Benefits: if you don’t fully recover from your injury, you may be entitled to permanent disability benefits
- Supplemental Job Displacement Benefits: if you cannot return to your previous line of work, these benefits can help cover the costs of retraining or skill enhancement
- Death Benefits: in the unfortunate event of a fatal injury, dependents of the decedent are entitled to death benefits
Employer Safety Responsibility Under OSHA Law
Oftentimes, workplace injuries are due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection without the fear of employer discrimination. So, if you notice unsafe behavior or conditions occurring at your job, you can file a complaint with OSHA and request an inspection here.
As a guidance counselor, your employer is responsible for providing a safe working environment. Safety on the job is not something that only applies to risky jobs such as manufacturers and construction workers. Safety applies to all jobs in California and workplaces must adhere to all the regulations that govern the work of your employer. Under OSHA law, your employer is responsible for the following:
- Providing a safe working environment, means they are tasked with adhering to all the regulations that govern the company’s work.
- Provide daily inspections of the workplaces that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
If you’ve been injured on the job due to your employer’s carelessness or a hazardous work environment, it is advisable to speak to a Workers’ Compensation Attorney about your incident to ensure you are fully compensated.
Are Guidance Counselors Considered School Employees?
Yes, guidance counselors are certified educators who work for the public school system or are employed by a private school. Their job is to be a source of support for parents and students, as well as set educational and future goals for them. While teachers work with large groups of students, guidance counselors take a more one-on-one approach to help them manage their school, home life, and educational socialization. So, when guidance counselors are injured, or fall ill, on the job they have the same right to workers’ compensation as everyone else.
However, not all workers’ compensation companies provide proper care to injured employees. If an employer’s workers’ compensation has under-compensated you, provided you with inadequate care, or terminated your treatment or compensation too soon, an attorney can file a lawsuit against them to protect you from additional financial burdens and delayed medical treatment. An attorney can also file a lawsuit against the party responsible for your injuries to get you compensation for your medical care, lost wages, and disability, as well as pain and suffering.
Contact a Guidance Counselor Workers’ Compensation Lawyer in California
If you are injured on the job, you will receive benefits through workers’ compensation to cover your medical bills and missed time at work, even if you were at fault for causing the accident that led to your injury. To begin receiving workers’ compensation benefits you do not need a lawyer. However, an attorney will ensure you receive the maximum amount of benefits from your workers’ compensation claim. To discuss your legal options, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a dime unless we win your case.
