Wife Slipped and fell in School doing PTA work

C

codeyell0

New Member
Jurisdiction
Georgia
My wife is a sub, and PTA worker for the school. She is employed by the district.
A few days ago she slipped and fell at the school. there was a water fountain that had water on the floor. The mat was wet and so was the floor. She was there doing PTA work as she was part of the PTA. She was with another person and multiple people saw her fall. My wife works as a substitute in the school she is a preferred sub.
We found out today that she needs surgery because she tore her ACL. The school doesn't offer medical for subs. Everything so far has been out of pocket.

What is our recourse? File a suit? Ask them to pay medical?
I'm afraid there will be ongoing medical to rehab her leg.
My wife is scared about filing or suing the school. Thinking she will not get any more work or be retaliated against, our kids are both in this school as well.
 
codeyell0 said:
What is our recourse? File a suit? Ask them to pay medical?
I'm afraid there will be ongoing medical to rehab her leg.
My wife is scared about filing or suing the school. Thinking she will not get any more work or be retaliated against, our kids are both in this school as well.
Click to expand...

If she was injured while working for the district then she should be eligible for worker's comp. If she is eligible for worker's comp then that's the route she needs to go as she would not be able to file a lawsuit instead of taking the worker's comp. She may want to discuss this with an employment law or worker's comp attorney to find out if it's covered by worker's compa what her options are.

If the incident was not covered by worker's comp then she'd want to ask a personal injury lawyer what she may get out of a personal injury lawsuit against the district. The district shouldn't retaliate against your wife because of it, but it's possible it would. I have no idea of the integrity of the school board members. It definitely should not make things harder for your kids. They are entitled to the same education that the school provides to the rest of the students.
 
She was working for PTA while injured. PTA is voluntary.
But she is allowed in the school, while doing PTA work.
I don't have medical yet just started my new job its a 60 day before benefits

So I guess its just contacting a lawyer
 
Before going that route I'd at least attempt the workers comp route. The worst they can say is no.

But for a lawsuit, you'd need not just that there was water on the floor, but that the school knew or should have known that the water was on the floor and failed to take appropriate action. If it happened ten minutes ago and maintenance was already on his way with a mop, that's a whole different story than if it happened four hours ago, had been reported six times and no one bothered to take action. Just because it happened at school is not a guarantee that the school has any liability.

By all means talk to a lawyer if you want to but be prepared to find that the school is not necessarily at fault.

My best to your wife for a full recovery.
 
codeyell0 said:
the school does its the schools water fountain
the rubber mat was soaked.
Click to expand...

Does not automatically mean negligence.

If what she was doing with the PTA was part of her duties as a school employee she should be covered by the school's workers compensation insurance.

Otherwise she will have to prove (not just say) negligence.
 
Update from codeye110:

My wife spends a decent amount of time in my kids' school.
She is on the PTA and she is also a sub.

While working in the school she slipped and fell. There was a leaking water fountain. No wet floor sign. She didn't see it and now is injured
She tore her ACL, and miniscus and needs surgery.
The school said it was workman's comp. The state says it is not.
We spoke to a lawyer who said you can't sue the school.

She has not been able to work as the school won't let her work there since there was a workman's comp case. They took over 2 months to file, They (the school) slow walked everything. Now we got a response from the state and have moved on from that claim. We only went down that path because the school said it was workman's comp.

Is it true you can't sue the school? Because it's Gov't you can't sue? Too bad so sad? She was not at fault.

Response from Tax Counsel:

The federal and state governments are sovereign entities, which by a U.S. Supreme Court opinion may not be sued unless they consent to be sued. But that ruling does not apply to local government entities like a school board. The state may pass a law, however, that shields the local governments, too. Few states, if any, bar a lawsuit against a local government for a personal injury claim. If she was covered by worker's comp that would require her to the state worker's comp agency and pursue her claim there.

And from me:

codeye110, your additional post should have been added to this thread instead of starting a new one. I've deleted the other thread. Please keep all your discussions about your wife's injury to this thread. All of us read it.

Especially since your original information makes it clear that your wife was not working as a paid employee of the school when she sustained her injury. Therefore, the state is correct that it is not a workers compensation claim.

As for suing the school, I suggest you interview a couple of other lawyers and review your options.

But heed CBG's note about proving negligence. While brief, it is essentially correct though the school's insurance may be willing to settle rather than defend a lawsuit. No guarantees there.
 
adjusterjack said:
Update from codeye110:

My wife spends a decent amount of time in my kids' school.
She is on the PTA and she is also a sub.

While working in the school she slipped and fell. There was a leaking water fountain. No wet floor sign. She didn't see it and now is injured
She tore her ACL, and miniscus and needs surgery.
The school said it was workman's comp. The state says it is not.
We spoke to a lawyer who said you can't sue the school.

She has not been able to work as the school won't let her work there since there was a workman's comp case. They took over 2 months to file, They (the school) slow walked everything. Now we got a response from the state and have moved on from that claim. We only went down that path because the school said it was workman's comp.

Is it true you can't sue the school? Because it's Gov't you can't sue? Too bad so sad? She was not at fault.

Response from Tax Counsel:

The federal and state governments are sovereign entities, which by a U.S. Supreme Court opinion may not be sued unless they consent to be sued. But that ruling does not apply to local government entities like a school board. The state may pass a law, however, that shields the local governments, too. Few states, if any, bar a lawsuit against a local government for a personal injury claim. If she was covered by worker's comp that would require her to the state worker's comp agency and pursue her claim there.

And from me:

codeye110, your additional post should have been added to this thread instead of starting a new one. I've deleted the other thread. Please keep all your discussions about your wife's injury to this thread. All of us read it.

Especially since your original information makes it clear that your wife was not working as a paid employee of the school when she sustained her injury. Therefore, the state is correct that it is not a workers compensation claim.

As for suing the school, I suggest you interview a couple of other lawyers and review your options.

But heed CBG's note about proving negligence. While brief, it is essentially correct though the school's insurance may be willing to settle rather than defend a lawsuit. No guarantees there.
Click to expand...

Thank you.
I had forgotten I posted this. It's been months and multiple lawyers.
The worker's comp lawyer stopped replying. They finally reached out when we sent in the notice to separate. The CEO is sending us to someone else. Who might help?
Contacted another lawyer they said they would look into it and never heard from them again.
 
codeyell0 said:
Contacted another lawyer they said they would look into it and never heard from them again.
Click to expand...

Keep calling lawyers. I'm sure GA has plenty of personal injury lawyers. Make appointments for your wife to go see one. It's her case.

Here's something you might try. Whatever county you are in, go to your county superior court website and search for the school's name as defendant. If you find any personal injury lawsuits against the school, call the plaintiff's attorney. You can also look for other schools to see if they've been sued and, again, call the plaintiff's attorney. You'll at least know that the attorney is experienced suing schools.

If you are in a small county and nothing turns up try Fulton or DeKalb
 
codeyell0 said:
My wife is a sub, and PTA worker for the school. She is employed by the district.
A few days ago she slipped and fell at the school. there was a water fountain that had water on the floor. The mat was wet and so was the floor. She was there doing PTA work as she was part of the PTA. She was with another person and multiple people saw her fall. My wife works as a substitute in the school she is a preferred sub.
We found out today that she needs surgery because she tore her ACL. The school doesn't offer medical for subs. Everything so far has been out of pocket.

What is our recourse? File a suit by work injury lawyers? Ask them to pay medical?
I'm afraid there will be ongoing medical to rehab her leg.
My wife is scared about filing or suing the school. Thinking she will not get any more work or be retaliated against, our kids are both in this school as well.
Click to expand...
So, the issue is solved? I'm interested to know what happened next and about the case? I think it falls under work injury laws?
 

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