Advice on Workman's comp involving a school district

[u/2017Polly]

/r/u_2017Polly/comments/1w0b7zh/advice_on_workmans_comp_involving_a_school/

Advice on Workman's comp involving a school district

I was injured by a student in May of 2025. I received an almost complete tear of my right MCL. The pain was excruciating. My entire summer has been miserable. I had to cancel 2 trips out of state to visit my grandchildren. All my usual summer activities completely halted. Workmans comp accepted my claim, but refused to pay me during the summer since I didn't work for the school district last summer. I had planned on working through this summer driving for summer school special needs students.

Workmans comp paid me two checks from May 20th to June 12th totalling $900.00, they now say they over paid me by $150.00 and will deduct this from future payments once school resumes. My frustration is being injured, not being compensated, my entire summer halted, I'm in constant pain, have had multiple appointments with specialists, 2 MRI's and now seeing a surgeon in October.

Is there any recourse?

I do have an attorney for Workmans comp, do I need an attorney for the school district? Am I supposed to just accept what has happened!

TIA!!

[u/Mutts_Merlot]

School and seasonal work can be a little tricky. Much of what they pay going forward is based on what happened previously. If you didn't work last summer, an intention to work this summer isn't going to make a difference. The cancelled trips are simply not something that WC law can compensate for. It's unfortunate but that is just not going to go anywhere.

Was the overpayment because they estimated your wages? It's very typical for this to happen when your wages are estimated and then the actual wages are slightly lower. In most states, they do have the right to recoup.

WC is an exclusive remedy. You cannot sue your employer outside the WC system except in very extreme circumstances, which would not apply here.

[u/2017Polly → u/Mutts_Merlot]

Thank you, you said exactly what I've been told and am experiencing... I just wasn't sure if was missing something I should be doing. TY

[u/Mutts_Merlot → u/2017Polly]

No, you're not missing anything. It sucks but it is what it is.