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Hi, hoping I can get some help here... I got injured by a pupil in my classroom in september and have been signed off work ever since. My consultant has told me that she does not consider that I will ever be physically well enough considering the nerve damage done to my back and neck to return to teaching. She told me I should ask them for a job sitting down. I explained that I was employed as a teacher and they would not give me a job sitting in an office instead.
Does anyone have any experience of getting redeployed into a non teaching position ..or have any advice about the pay situation - can they sack me for not being well enough to return to my job after 6 months?
I am a teacher with 18 years experience, but a young child and a mortgage so getting worried?
Contact your union.
Was this incident reported as RIDDOR?
I'm afraid I cannot offer anything constructive, apart from to say that I'm really sorry for your injury, it sounds awful! And you said you were injured by a pupils...that's horrible.
I have no suggestions; you've probably already done it, but contact your union for advice. xxx
Thanks for the replies. I would be nervous about going back into the classroom, and I don't want to go back to that same school - they have made it clear they don't want a teacher that cannot walk around the building and have said I would be a health and safety risk. I can't imagine having to teach that young man again - although I think he's been moved into the pupil referral system now. I am disappointed by how unsupportive the school have been. They seem to think my injury is my own fault due to poor management of an ADHD pupil with a massive anger problem - a member of smt told me this in a text message and they were her words - cross with myself for deleting the message as my union said i should have kept this as evidence for them. I've had three phone calls from school since it happened, and one of those was from a member of admin staff. I had looked into the compensation thing but as the pupil has special needs (anger issues?!) been told by a) police and b) union solicitor i can't pursue a claim. I do get a benefit for my injury but its approx £30 a week so goes no where towards paying a mortgate and half pay is now looming.
I can't stand any more for longer than about 2 mins, and the drugs I take make me so tired im back in bed at noon every day for 3 hours sleep. I'm trying to reduce the drugs in the hope I can be awake all day and have a hope of working. I can't believe how this has turned my life upside down and turned me from a fit and healthy person into a disabled one.
I've been in regular contact with my union and they said they will support me with a return to work when I am ready and able. I've never come across a physically disabled teacher in any school I've worked in so thought that them telling me I would be a health and safety risk until I can walk around the building must mean that teachers have to be physically fit to meet the requirements of the job? I dont really know enough about this - must look into it further.
somethingspecial76been told by a) police and b) union solicitor i can't pursue a claim.
somethingspecial76I can't stand any more for longer than about 2 mins, and the drugs I take make me so tired im back in bed at noon every day for 3 hours sleep. I'm trying to reduce the drugs in the hope I can be awake all day and have a hope of working. I can't believe how this has turned my life upside down and turned me from a fit and healthy person into a disabled one.
Can you ask for any counselling to get you through this massive change in your life? Are you linked up to any support networks through pain/back pain charities or online communities? You have been incredibly unlucky but you are not alone and there are lots of people out there very willing to help.
More possibly useful case studies: http://www.gtce.org.uk/publications/remove_barriers_2pt0511/
Click to download the leaflet and read especially the third case study of a wonderfully supportive school happy to have someone with serious back problems working with them and managing pain meds.
You might also want to have a read through 'Able to Teach' (aimed at ITT but provides lots of good examples of reasonable adjustments and 'I don't want to sue anyone, I just want to get a life: Inclusive Risk Assessment'.
Keep your chin up!
I have been thinking about your unhappy situation over the weekend. The more I think, the more critical I believe it is that you consult a lawyer who specialises in personal injury cases for advice.
You have been injured at work and have been advised that you can no longer work as a teacher because of the injury. You are concerned about the impact this will have on your financial commitments.
You should have had another 50 years of your teaching career ahead of you. Let's be conservative and calculate on an average teachers' salary of, say, £35,000 pa you have lost an expected gross income of £1.75 million. That's not taking into account inflationary increases or promotion. On top of that, you would have been making contributions into a public sector pension that remains one of the more generous. You can no longer do that so stand to lose the post rerirement benefits you should have enjoyed.
Ideally, you will be able to make a successful application to retire from teaching on ill-health grounds, if you are judged permamently unable to return to teaching and will have that income to offset your liabilities. However, it has become increasingly difficult to get ill-health retirement and there is no guarantee that you will do so, even though your injuries are severe.
Really, go and take specialist legal advice. Then download the application for IIDB here http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10018839 and make an application.
I wish you well. What an awful thing to have happened to you.
Gardening LeavesYou should have had another 50 years of your teaching career ahead of you.
Doh! Maths hoplessly awry! But you get the idea...
I have thought hard about this, and contacted my union again who have organised a specialsist lawyer to talk to, and I have set up an initial meeting.
I'm very worried about taking any legal action though, as I have been told the incident was all my own fault for poor management of the student. My union have warned me it is extremely difficult to pursue any claim against a student, the successful claims are apparently normally ones against the school or LEA.
Also, if I take any legal action, what is this going to do any career prospects - should I have a career left?
Thank you for the info about the disabled teachers on the GTC website - really interesting reading for me. I've never met a physically disabled teacher before - but this showed me that there are some out there!
Really appreciate the support I'm getting on here. Thanks all!!
somethingspecial76I'm very worried about taking any legal action though, as I have been told the incident was all my own fault for poor management of the student. My union have warned me it is extremely difficult to pursue any claim against a student, the successful claims are apparently normally ones against the school or LEA. Also, if I take any legal action, what is this going to do any career prospects - should I have a career left?
Any personal injury claim is made against whichever parties had a 'duty of care' towards you. The student had a 'duty of care' but there would be little point in sueing him unless he had money. Your employer. the school, also had a 'duty of care' for you. If the pupil was known to have behavioural issues/had threatened you or other staff before, or similar and the school leadership knew, they could be in breach of their duty of care.
If a student has injured you and you successfully claim, it should have no impact on any other work you wish to do. The fault lies with the specific school / student and does not affect any other school.
IIDB is a 'no fault' benefit. It is awarded on the demonstration that an injury occurred during the course of your work. You do not have to prove whose fault it was.
somethingspecial76My union have warned me it is extremely difficult to pursue any claim against a student, the successful claims are apparently normally ones against the school or LEA.
Thanks to the people who advised me to see a solicitor.
Personal Injury claim has now been submitted to the LEA. I've been advised that it is going to be a very difficult case to persue due to various reasons I can't really go into.
I'm very worried about how my school is going to react when they get back from the Easter break to find out that I have submitted a PI claim. Has anyone else got experience of this? I was advised by my solicitor that I must not contact anyone from school about the claim, and if anyone asks me about it I must not discuss it. Rather worried I will have the HT on the phone on Monday asking me questions.
I'm still no where near well enough to return to work, in fact I don't think I can see any improvement at all in the last six monthst which is a real worry for myself and my family as we are now starting to get in a financial mess through this.
Hope you get something sorted out.
I would hope that the head would know better than to take things personally; you have a right to protect your financial interests.
If they do call you, try not to be overly apologetic etc. Just wish them well, say tha you hope everyone is doing well and ask for your best wishes to be pass on to the staf, but politely say that you cannot discuss the legal situation.
Sorry to hear of your case and dreadful the school has blamed you, you're a human being not a robot. I think an important point you have made is this student is no longer at the school and is at PRU...was this due to the incident with you? Surely by being moved to a PRU this suggests the schools considered the pupil as high risk to others if not himself too. This might help you build a case. If the school knew the risks was there adequate support in place? For example, a teaching assistant 1:1 trained in restraint? I can see it would be hard to claim against the pupil due to a diagnoses of ADHD but then again depends where on the spectrum he lies. If extreme and the label disolves his responsibility for his actions then it would be a difficult but again comes back to the school ensuring a proper risk assessment was in place and that provision for all known risks was in place to minimise any potential dangers.
I hope you're managing to enjoy Easter with your little one.
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