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The sad truth of being injured on the job and dealing with Workers Compensation

by Leah Sellers

Created on: June 16, 2009   Last Updated: July 06, 2009


The Good Samaritan. A metaphor and story that warmly resonates within the hearts and minds of most Americans.



What have I learned this past year about the concept of the Good Samaritan within our present Workman's Compensation system ? That it is almost nonexistent.





After being injured by one of my high school students in February 2007, I have had the unfortunate displeasure of struggling through the morass of WC's litigious barriers, actions and non-actions, preventing me from receiving the expedient and humane return of the good health and active life that I had enjoyed before my injury at work. I have experienced the gradual removal of my constitutional rights to the pursuit of Life, Liberty and Property.





Life and Liberty, as I knew it before my student injured me, as a teacher, artist, singer, Interplay performer, volunteer with troubled and handicapped youth in equine programs, horseback rider, hiker, kayaker and biker, have been striped from me. I am imprisoned with a chronically pain ridden and crippled body. I painfully shuffle through each day like Quasi Modo, the Hunchback of Notre Dame, lucky to successfully dress and tie my shoes (much less ring any tower bells). Heaven forbid that I drop something on the ground and have to pick it up. That always sends my family into sympathetic mirth.





Since 1990, my pursuit of Property (and every other injured worker's) has been badly damaged by the Texas legislature's tort reforms regarding the WC system. In general, they have progressively (or is that regressively) whittled away at WC's medical and income benefits for injured workers. The tort reforms also made teachers "seasonal workers". As a result, I have been refused income benefits (while fighting for proper medical care) over the three months of summer (when I usually attended required Continued Education workshops), and the two weeks of Christmas holiday break. I understand that I can also look forward to losing my rent, utility, vehicle, and grocery monies during the week of Spring Break as well.




I don't know about you, but I don't know of many people who can afford to lose four months of income and not be made homeless. I am a single female, which makes my future and its prospects even more daunting and foreboding.




All I have ever wanted and needed since my student injured me in February of 2007 is the quick and reasonable return of my health and active life. Instead, I have been thwarted every step of the way by WC's delays, denials,

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