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Sample Letter to Member Injured in the Line of Duty

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Sample Letter to Member Injured in the Line of Duty Dear Colleague, I was sorry to hear that you were injured on the job. Even though you are still recovering, there are some procedures of which you should be aware regarding your injury on the job. 1. Injury on the job is referred to as “Injury in the Line of Duty” and is covered by the Department of Education’s Personnel Memorandum No. 4 of October 21, 2002. The memorandum requires that you must notify the Administration of any accident or injury within 24 hours. At the time of the injury, a Comprehensive Injury Report should be filed with the Administration. If you cannot write the report, a colleague may assist. You should try to fill out the report before you leave school that day. In the report, the specific cause of the injury should be cited and the circumstances surrounding the incident or accident clearly stated. If you were injured in the performance of some duty specifically assigned by an administrator, it is important to state that the administrator directed you to perform that duty. You should ask for a copy of the report. If you leave school without notifying the Administration, and are absent the next day, when you call the school to report your absence you must tell them that you are absent as the result of an accident you had in school. Ideally, you should talk directly to the principal. You should also ask that a Comprehensive Injury Report Form be sent to you so that you can fill it out and return it as soon as possible. (a) If you were injured as the result of an assault, a UFT Incident Report should be completed. You should also contact the Victim Support Program at (212) 598-6853. There are a variety of services available that may be useful to you. Under the “Safety” Article of the Contract (Article 10), you have the right to: • see the principal’s report of the accident • sign such a report • append a statement of your own to the principal’s report • obtain a copy of the Comprehensive Injury Report • obtain a copy of the Incident Report (b) Your Chapter Leader should call the District Representative to alert him to the situation. 2. The Comprehensive Injury Report must be sent to the Superintendent for approval. The principal does not have the authority, on his own, to administratively approve or disapprove a claim for Line of Duty status. Only the Superintendent has that authority. Your Chapter Leader should make sure that the Comprehensive Injury Report is sent to the Superintendent by the principal within twenty-four hours of the accident being reported to him. (a) The Superintendent must administratively approve or disapprove the Comprehensive Injury Report within five days of receiving the report. If the accident is disapproved by the Superintendent’s office, please contact your District Representative as soon as possible, since a grievance may be appropriate. If approved, the Comprehensive Injury Report must then be returned to the school by the Superintendent’s Office for forwarding by the payroll secretary to the Medical Division. However, any claim for ILOD status for ten days or less may be approved by the Superintendent without forwarding any information to the Medical Division. Claims for more than ten days must be forwarded to the Medical Division for approval. 3. If you are going to be absent because of the injury, you must file an OP 198 with the school. Your doctor may also file an OP 407 (Confidential Medical Report) directly with the Medical Division. These forms may be obtained from your payroll secretary. If your absence may be an extended one, you should inquire from the payroll secretary how often you should file additional OP 198s. The OP 198, which you will return to the school, is then forwarded by the school to the Medical Division (as appropriate) for approval. As above, however, any claim for ILOD status for ten days or less may be approved by the Superintendent without forwarding any forms to the Medical Division. Claims for more than ten days must be forwarded to the Medical Division for approval. 4. If you are claiming Injury in the Line of Duty status, you will be asked to complete an OP 200. This is a waiver form (which must be notarized) which assures the DOE that if you sue them and win, you will return the money paid to you in salary for the period of your absence. Signing the waiver does not prevent you from suing. The DOE will not process a Line of Duty claim unless this waiver is completed. This form also should be returned to the school which will retain it. Neither the Superintendent nor the Medical Division will give final approval to your claim until all the appropriate forms have been submitted. 5. If you are considering suing the Board, you should call your UFT Borough Office as soon as possible. An “Intent-to-Sue/Notice-of-Claim” must be filed by an attorney within 90 calendar days of the date of the accident. 6. If you are absent for more than ten (10) days, the Department of Education’s Personnel Memorandum No. 4 of October 21, 2002 requires (in Section II) that you contact the Medical Division (718-935-2731) to schedule an appointment for an examination. In this event, you should write to the Executive Director of the Division of Personnel to request that the results of the examination be forwarded to your personal doctor. It is usually in your interest to be examined as soon as practical (after you have submitted the necessary paperwork and are physically able to be examined) since the quicker the Medical Division makes a determination on your Line of Duty claim, the better. Should the Medical Division request that you provide them with additional medical information, you should do this as quickly as possible. This is because, until the Board grants Line of Duty status, days absent come out of your sick bank (CAR). If you run out of days before the DOE approves the Line of Duty claim, the fact that Line of Duty has been applied for will make no difference and you will be required to apply for and accept a leave of absence without pay for restoration of health (subject to Medical Division approval) at the exhaustion of your sick bank (as per Section VII of the Memorandum). 7. If Line of Duty status is denied by the Medical Division, Medical Arbitration may be appropriate. Contact your District Representative immediately who will be able to advise you as to how you should proceed. 8. Since teachers, school secretaries, school social workers, school psychologists and guidance counselors are not covered by Workman’s Compensation, your medical expenses will be covered in the normal way by your insurance. However, the Contract provides that reasonable medical expenses not covered by insurance may be reimbursed by the Board in Line of Duty cases to a maximum of $750 in any year. This limit may be waived, at the discretion of the Board, in assault cases. This is a one time reimbursement so you should submit the claim at the conclusion of the medical treatment. Claim forms (OP 505 and 505a in cases of assault) are available from the Board’s Claims Unit at 65 Court Street and you should include all appropriate documentation. Claims for loss or damage to personal property may be filed using form OP 504. Paraprofessionals are covered by Workman’s Compensation and these procedures do not apply to them. Paraprofessionals who are injured on the job should contact their UFT borough office as soon as possible. 9. You are encouraged to obtain and keep copies of all documents submitted to the Board regarding your Line of Duty claim. You should note when each document was submitted and to whom. Anything mailed should, of course, be mailed Certified Mail, Return Receipt Requested. Best wishes for a speedy and healthy recovery. Sincerely, .
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