@@ School System Says Shooting is Workers Comp Claim

[ssmjlm]

Title is mine. I looked to see if there was an original thread on the teacher shot in Newport News, VA back in early January.

The teacher has filed a lawsuit against the school and lawyers representing the school are requesting dismissal claiming her injuries fall under worker's comp.


www.dailypress.com/news/crime/dp-nw-nnea-statement-zwerner-motion-20230503-xp4n23yugzbi5e2g2eadbdfmne-story.html

The motion was filed last week by attorneys representing the School Board and argues that Zwerner, who was shot in her classroom at Richneck Elementary in January by a 6-year-old student, is only entitled to file a worker’s compensation claim because the injury she sustained from the shooting is a “workplace injury,” and that the shooting was a hazard of the job.

It's a wonder any teachers stay in the profession at all.

[pixy0stix]

AYFKM?

[wildrice]

Now I'm curious what the precedent is for this - anyone know? IS your workplace responsible for damages if you are shot at work? I would assume negligence is a factor - do we know if this school could have prevented it?

Given how common being shot in the workplace has become (wtf) I wonder how it is usually handled.

[Jalapeñomel]

Oh I’m sorry what? Shooting is a hazard of the job?!

Whattheeverlovingfuck.

[penguingrrl]

WTAF? Being shot shouldn’t be a standard work risk for a fucking teacher!

[ssmjlm]

wildrice, negligence of the admin has already been widely reported and witnessed by multiple teachers and staff at the school. Several staff reported that they were told he had the gun and the admin brushed it off.

The mother was charged earlier.

[mpm]

Caveat: I don’t know Virginia law

Yes, there is an exclusive remedy doctrine in at least some states that says that your exclusive remedy against your employer for your injury or death that occurs on the job is the workers comp system. This doesn’t mean there’s no recovery available for some (but probably not close to all) of her claimed damages; just that legally, a civil lawsuit isn’t the proper avenue to pursue it. Again, not sure if this is the law in VA or not. But this would be an appropriate legal move in at least some states.

[pierogigirl]

May 4, 2023 16:15:59 GMT -5 mpm said:

Caveat: I don’t know Virginia law

Yes, there is an exclusive remedy doctrine in at least some states that says that your exclusive remedy against your employer for your injury or death that occurs on the job is the workers comp system. This doesn’t mean there’s no recovery available for some (but probably not close to all) of her claimed damages; just that legally, a civil lawsuit isn’t the proper avenue to pursue it. Again, not sure if this is the law in VA or not. But this would be an appropriate legal move in at least some states.

I believe in NY you can't sue NY if they are your employer except in very rare circumstances. I am a teacher in NY. I don't know if I could sue my school district if the worst happened.

[livinitup]

This is OUTRAGEOUS.

[basilosaurus]

A teacher at work, meh, getting shot is to be expected. Just like how teachers are exposed to do much germiness they can't be surprised at winter colds.

WHFF?! America is so fucking backwards.

I used to inwardly roll my eyes at questions when I travel about how I can live there and not be terrified at being shot anytime I'm outside. (I get this a lot) Like, it's not THAT dangerous. Shootings just make the news but everyday normalcy doesn't. But, I'm far more sympathetic to their utter disbelief because I share it. I think most of us do even if we don't consciously think about it when we go to a movie or grocery store or school. My actions can't prevent it. But you know what can? Gun laws, fucking fuck politicians.

[lilac05]

May 4, 2023 16:15:59 GMT -5 mpm said:

Caveat: I don’t know Virginia law

Yes, there is an exclusive remedy doctrine in at least some states that says that your exclusive remedy against your employer for your injury or death that occurs on the job is the workers comp system. This doesn’t mean there’s no recovery available for some (but probably not close to all) of her claimed damages; just that legally, a civil lawsuit isn’t the proper avenue to pursue it. Again, not sure if this is the law in VA or not. But this would be an appropriate legal move in at least some states.

The author of When Thoughts and Prayers aren’t Enough was working for a college in Virginia when she was shot. If I remember correctly, she also mentioned workman's comp in her book. I did audiobook, so I can't reference, but I recall feeling it was odd when I was listening.

[ECB]

I .... can't even with this. A hazard of the job? If this becomes a widely held legal stance, I expect to see teachers RUNNING from the job. How utterly ridiculous and shame on the school board for actually taking this stance. Assholes.

[Deleted]

This is such utter bullshit I am shocked. And also not. I admin a Facebook group for our community, and I chat with one of the members off board when we get rants from parents about the school. Some of the stuff that he tells me about the shit our district has parents putting up with is absolutely shocking. He doesn't use his real name on the group and I have a feeling he is a very disgruntled district worker.

[livinitup]

May 5, 2023 9:33:31 GMT -5 kellady said:

I’m sure this would also vary by state, but would workers comp even cover this past the medical treatment and recovery?  If she is suing for pain and suffering and punitive damages, WC is probably not going to give her 40 million dollars or anywhere near that. I hope this doesn’t turn into some long drawn out bullshit with her being hung out to dry. 

And I agree that meanwhile, how many teachers are rethinking their career choices??

No. It would be equivalent to a cop recovering from bullet wound during the course of his duties.

[klee23]

Bumping with a s/o

The mother of the 1st grader has been sentenced to 2 years in jail for child neglect which, per her attorney, is longer than the 6 months the commonwealth recommended.


www.cnn.com/2023/12/15/us/virgina-teacher-mother-shooting-sentenced/index.html

[Saudade]

This is super relevant right now to my kids' school. For reference it's a small city with 9 elementary schools.

A couple weeks ago the superintendent ordered the front doors to my kids' schools to be unlocked, no warning to anyone (school or families) on the basis that it was the only one in the district that kept the exterior doors locked. The parents revolted and the super doubled down. Inside the main door is a huge foyer with locked interior doors that get you 2/3 of the way into the school. It's also the wealthiest school in the district. Parents, teachers, and staff asked for the outer doors to be locked. Super said "no we need a welcoming community and the locked outer doors don't convey a welcoming message." Parents said "screw welcoming, we want our kids safe". Super said "we'll hire an independent consultant to see what the best decision is". This school district has no money but came up with the funds to hire the consultant. Results pending. In the mean time, exterior doors remain unlocked. Parents are still irate, assuming the consultant will say whatever the super wants them to say and no info was given as to who the consultant was or why that particular consultant was hired.

[erbear]

This tracks. We don’t value teachers. Of course being shot at work is just something we should deal with 🤷‍♀️

[ssmjlm]

Dec 15, 2023 16:38:25 GMT -5 erbear said:

This tracks. We don’t value teachers. Of course being shot at work is just something we should deal with 🤷‍♀️

The teacher’s suit should go to trial soon. I hope she gets what she’s asking for and more.