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NEA Legal & Employment Guidance

Educators Employment Liability Program: What to do if an Incident Occurs

Contacting your UniServ Representative is the first and most immediate step you should take.
Published: June 22, 2020
This resource originally appeared on

Contact your UniServ Representative immediately if you:

  • Are involved in an incident/occurrence during a school/educational unit activity that results in a student injury requiring medical attention;
  • Receive a letter from an attorney regarding an incident/occurrence or a service of summons for a lawsuit;
  • Are involved in any situation where you believe you may be sued for something that happened while you were performing your job.

Do not contact an attorney to represent you before contacting your local association. Your association will brief you on the procedures to follow under the EEL Program. 

Your local association will notify the State Coordinator to verify your membership at the date of the occurrence and submit the claim to the insurance company. All actual determinations of coverage are made by the insurance company based on the specific facts of the incident/occurrence that gave rise to the claim or proceeding. Like all insurance policies, the EEL policy provides specific definitions and criteria for coverage which must be met.

Write down a description of the incident/occurrence as soon as possible. A brief description of the occurrence will help your attorney and you remember the details that fade over time.

If your UniServ Representative, local president, or state association EEL Coordinator is not available, you may send a copy of all legal documents, as well as a brief description of the occurrence, to: NEA Collective Bargaining & Member Advocacy, Legal Services Programs, 1201 16th Street, N.W.,Washington, DC 20036, Telephone: (202) 822-7080.


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