Education Workers Compensation ?

[chawalang]

So I have posted over the past couple months inquiring about graduate schools as I am planning on returning back to school for an MFA as a TD in the fall of 2016. I have narrowed down three schools and will be either attending in California or Nevada. A question comes to mind that I am seeking the advice of our community on. As a graduate student in a theatre program how does workers compensation work?

This has come to my attention for two specific reasons.

1. As we all know theaters, arenas, shops, convention centers, etc can be very dangerous places. There is always the chance of loss of life or limb. There is always the chance of a career ending injury. Hence why something like workers compensation exists.

Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence.

2. I am a huge fan of Real Sports with Bryant Gumbel, recently I watched an episode where the status of college athletes was examined as it pertained to workers compensation. These athletes were not eligible due to the fact that they were classified as student athletes not employees. Various case studies were examined where athletes were injured while playing and sustained career ending injuries. While their initial medical bills were taken care of while enrolled at their University, all follow up medical care ended once they left the university. Their ability to perform even a basic job was affected by the injuries they sustained.


I think we can see where I am going with this, just take an athlete and replace it with a stagehand working as a grad or undergrad in the shop in a theatre program at any university.

Can anyone please lend me some insight into the issue I have brought up? This is something I need to consider when I go back to school. This is something I feel passionately about as an I.A.T.S.E member and was curious what the thoughts were of college professors and other working professionals on here?

 

[oneeyedpug]

When I was in graduate school if we were working on a show, we were being paid and considered employees and therefore covered by workers' compensation. On the other hand the undergraduates that were there as part of a class requirement were not considered workers and therefore not covered.

 

[Morte615]

As I understand it if you are being paid you are an employee and covered under workman's comp. But if you are not paid then you are a student and not covered. Though even then you should be covered under the schools insurance policy if something happens while doing an event. Maybe ask about what the schools insurance policy is and what it covers.

 

[josh88]

When I was working in the shop in college we were being paid as well, even though it was a lump sum at the start of the semester, we were considered staff for the year. So we were covered but luckily nobody needed it.

 

[Footer]

It all comes down to if and how you are being paid by the school... If at all. If you are given a living stipend odds are they don't view you as an employee and won't receive workman's comp. If they pay you hourly and you get a w2 then you are set to go. http://www.wagehourinsights.com/hig...-student-assistants-employees-under-the-flsa/

 

[Footer]

Another interesting read...
http://www.lexology.com/library/detail.aspx?g=c0b09fbe-478b-4e56-af77-2e9ba2b1e492

I think it will all come down to how the University looks at you. Theatres are really the safer places on campus when it comes to grad students. They also have to consider all the students working in labs with all kinds of things that can kill you. Odds are they already have a standard in place that you should be able to get in writing.

Here is Yale's take on it...
http://yaledailynews.com/blog/2007/11/26/student-dies-in-accident-at-yale-rep/

The New Haven Police Department is investigating the accident, police said. OSHA determined it did not have jurisdiction to investigate the accident because it did not involve an employer-employee relationship, Kowalski said, and the Yale Police Department declined to comment on the incident.

So, that is OSHA saying this grad student was not an employee. Would be interesting to see what kind of compensation was given to the family from the university on this. By the same logic this student was not covered under workmans comp.

 

[robartsd]

Even if you are staff, would workers compensation based on that job be adequate?