I Am a Teacher. Can They Really Stop My Workers' Comp Money Over the Summer?
The answer is “yes.” Here’s a quick lesson on why this is.
Temporary Total benefits were designed to compensate for lost wages. If you have never worked over the summer and have no intention of doing so, then there are no wages to be compensated for.
There are exceptions to this rule. For example, let’s take the case of Laura, a teacher who is employed as a swimming coach during the school year. Laura elected to be paid over a 12-month period—meaning, she receives compensation from her employer during the summer months for work actually performed during the academic calendar year. Laura had also worked at the YMCA the previous summer and intended to resume her summer employment there during the coming summer.
In May, right before the end of the school year, Laura was injured in the course of her full-time employment. She filed a workers’ compensation claim and was paid temporary total disability compensation for the summer break period of June through August. She was unable to perform her summer job at the YMCA during her period of disability.
Just because Laura was hired to work only during the school year does not mean her benefits stop. Because she found summer work in past summers and planned on working this summer, she was entitled to her worker’s compensation benefits this summer.
To learn more, call our law office.