Workers Comp

Workers comp-
Over the last few years, LVEA leaders have had to represent several teachers with workers’ comp (WC) issues. Most of the time we are getting called in after the situation has gotten so bad the LVEA member can’t stand it anymore. Please use the following tips to ensure your rights are being protected:
1) You can get YOUR doctor to be your WC doctor. There is a form he/she needs to fill out (you get it form the district office) that allows him/her to be your primary care giver through the WC process. If you do not have this form filled out, you will be assigned a doctor. This form must be filled out and on file PRIOR to any injury. Click HERE for the form.
2) Fill out an incident report when you get hurt at work. If you don’t do this, you will not be covered by the WC system.
3) You will also need to fill out a workers’ comp claim. There is a form that needs to be filled out at your site. BE SPECIFIC in your description. Make sure you describe how the injury occurred and list all of the body parts involved. For example, if you fell and hurt your knee, think about the fall- did you stop yourself on the ground and jarring your wrists? If you did, make sure you put that in the report.
4) PLEASE, PLEASE, PLEASE overly communicate about what is going on with your treatment, concerns, or questions. Make sure you contact Lori Fitzpatrick in the district office. She is LVUSD’s point person for WC issues. Also, contact LVEA so we know what is going on.
5) When you get a doctor’s note give it to your principal, give it to the DO, and CHECK to see that they got it. Let LVEA know what is happening too.
6) When you are taken out of work by a doctor (either for an injury, illness, pregnancy, ANYTHING) upon your return you must have an “accommodations meeting.” This meeting MUST occur before you step foot back into work. It is a meeting to discuss the recommendations your doctor has made for you to come back to work. PLEASE contact LVEA when you are about to have one of these meetings.

New laws have been passed for the WC system to benefit the WC insurers- NOT YOU. If you aren’t vocal and aren’t reaching out to LVEA, you will likely fall through the cracks. If you have any WC questions please contact Lori Fitzpatrick in the DO or LVEA.

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Your Weingarten Rights

The US Supreme Court has ruled that The National Labor Relations Act gives workers the right to request union representation during investigatory interviews by supervisors, security personnel, and other managerial staff. These are called Weingarten Rights.

An investigatory interview occurs if:
1) management questions you to obtain information; and 2) you have a reasonable apprehension that your answers could be used as a basis for discipline or other adverse action.

You must ask for union representation either at the beginning of or during the interview. Management does not have to remind you of this right.

If your request is refused and management continues asking questions, you may refuse to answer. Your employer is guilty of an unfair labor practice and charges may be filed.