Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.
All content for Workers Comp Matters is the property of Legal Talk Network and is served directly from their servers
with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.
A Teacher Injured in a School Shooting: When Is the School Responsible?
Workers Comp Matters
29 minutes
1 week ago
A Teacher Injured in a School Shooting: When Is the School Responsible?
Workers’ Compensation has traditionally been a bargain, a “deal” workers and employers agree to. Workers injured on the job are compensated quickly and in exchange they don’t sue their employers. But when it came to a Virginia school teacher shot and seriously injured by a young student, was there an exception to the rule?
Recent law graduate Katie Jean won the Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with her entry “Rethinking the Intent Exception in the Case of Teacher Violence in Our Public Schools Modifying to Include Willful and Wanton Misconduct.” In it, she examines the case of teacher Abby Zwerner, shot by a 6-year-old with a documented pattern of disciplinary issues and had been seen at school with a gun.
Jean questions whether every school shooting can be ruled an accident for the purpose of Workers’ Compensation or if a known threat, with lack of corresponding action, entitles the injured teacher to sue for damages.
It’s an interesting issue, and at least one prior case involving a teacher injured by a student the school knew about was unsuccessful. Does a teacher “assume risk” by taking a job? This is a timely discussion and a sign of our times. Listeners who would like a copy of Jean’s award-winning paper to review may email the hosts at the addresses below.
If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.
Mentioned in This Episode:
“Virginia Teacher Shot by 6-Year-Old Student Can Proceed With $40M Lawsuit, Judge Rules,” NBC News
“Charge in Abby Zwerner's $40M Lawsuit Will Go to Jury Trial,” 13NewsNow
“Vallandigham V. Clover Park Sch. Dist.,” Casemine
Learn more about your ad choices. Visit megaphone.fm/adchoices
Workers Comp Matters
Workers Comp Matters is hosted by Attorney Alan S. Pierce, the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.
