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10-27-2012, 03:15 PM
(This post was last modified: 10-27-2012, 03:39 PM by hurt_teacher.)
I am a special ed teacher in MA who got injured at work, healed, went back to work, got injured again and was subsequently fired. School claimed that "they could not hold my position any longer" since FMLA ran out. I received WC benefits till my doctor said I could return to work, but with restrictions. It's been difficult to find a job as I am licensed in severe disabilities but am restricted from working with the severe population. I've emptied my savings and taken a loan against my life insurance to make ends meet til the settlement goes thru. I have not applied for unemployment because (a) my attorney suggested to hold off on it because it may affect the settlement and (b) I am able to work, just not in my area. I just got hired as an on-call sub, so my guess is that I can't collect unemployment. We had the conciliation and the insurance wants to settle. My lawyers says that they're being stingy but that we should have a settlement before the conference, which is at the end of November. But now I receive a letter from the insurance saying that under Chapter 151, section 36b(2) they are requesting me to apply for unemployment and that if I fail to do so it could be grounds to suspend benefits. Does this mean that I am being forced to collect unemployment? Do I have to give up the sub job? I'm confused...
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Reminder :
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THANKS FOR POSTING.
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Welcome to the forum hurt teacher.
As a parent of a child with severe multiple disabilities I do understand the physical requirements of your job.
Lifting, bending, kneeling, and doing physical therapy with the child. Lifting them into their wheelchairs, or onto physical therapy equipment. Then there is the task of being the student's nurse, whether it is breathing treatments, percussion therapy, suctioning, or other acts of nursing. I lived it daily with my daughter until she died one month short of her 12th birthday.
I worked as an Early Childhood teacher and was injured while working with a student with special needs. The child did not have a physical disability but had medical challenges as well as sensory dysfunction.
I have restrictions for life and will no longer be able to work as a teacher again due to the restrictions. If I were working in the classroom and a student were injured it is likely my restrictions would prevent me from helping the student.
I served on the local Special Education Advisory Board for several years. Our Special Education Coop has lost a number of quality teachers because many business like to hire teachers for admin/office positions.
With your education you might check into employment in the business world.
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I appreciate the insight Bummer, though it doesn't answer my question. More than anything I'm wondering, if I do end up having to file unemployment, can I continue subbing?
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I am from Kansas and filed for unemployment once I reached MMI the first time. That was June 2006 and a few months after the first knee surgery.
My medical condition worsen as I continued to look for work to the point I had great difficulty walking. I hired an attorney and reopened my medical, went to court and was approved by the judge for TTD.
I ended up having to repay every penny of unemployment I received even tho there was a gap between the time I received unemployment and the time I received wage loss thru work comp.
What I am say is be careful with this.
In the state of Kansas you have to be able (physically) to work to collect unemployment.
To collect unemployment you need to work every day you have the opportunity to do so even if it is not set hours such as subbing.
