Lawyers debate workers’ comp for teacher shot by 6-year-old.
Virginia Teacher Shot by 6-Year-Old Student Fights for Compensation
In a dramatic courtroom battle in Newport News, Virginia, lawyers clashed over whether a teacher who was shot by her 6-year-old student should receive only workers’ compensation for her injuries. Abby Zwerner, a former first-grade teacher, is suing Newport News Public Schools for $40 million, alleging gross negligence by school administrators. However, the school board is attempting to block the lawsuit, arguing that Zwerner’s injuries fall under workers’ compensation.
Zwerner spent nearly two weeks in the hospital and underwent multiple surgeries after being struck by a bullet in her hand and chest. Workers’ compensation would provide her with up to 10 years’ pay and lifetime medical benefits for her physical and psychological injuries.
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Zwerner, with her left arm supported by a sling and her left hand wrapped in a bandage, attended the hearing before the judge. Her attorney, Kevin Biniazan, argued that Zwerner’s lawsuit should proceed to trial because no first-grade teacher expects to be shot at work.
However, Anne Lahren, an attorney for the school board, contended that the incident falls under workers’ compensation since Zwerner was working as a teacher at the time. Lahren added that Zwerner’s lawsuit revolves around allegations of negligence in her workplace, which are covered by the law.
Matthew Hoffman, the circuit court judge, will make a ruling on the matter within the next week. He must decide whether Zwerner’s allegations can proceed in court or if they should be addressed by the workers’ compensation commission.
After the hearing, Zwerner stood with her attorneys outside the courtroom, declining to answer questions from reporters. Her attorney, Biniazan, explained that the situation was overwhelming for her and asked for understanding.
Zwerner was shot by one of her students at Richneck Elementary School in January. She managed to evacuate the rest of the children before collapsing in the school’s office. Zwerner claims that administrators ignored multiple warnings about the student having a gun and dismissed ongoing concerns about his behavior.
Legal experts believe that Zwerner’s lawsuit faces an uphill battle due to Virginia’s strict workers’ compensation law, which covers allegations of negligence.
Meanwhile, the mother of the 6-year-old boy who shot Zwerner is awaiting sentencing for felony child neglect. Deja Taylor’s sentencing was postponed until December at the request of both the defense and prosecutors.
Taylor faces up to five years in prison after pleading guilty, although prosecutors will recommend a six-month sentence as part of a plea deal. She has also pleaded guilty to using marijuana while owning a gun, which is illegal under U.S. law, and will be sentenced in federal court next month.
The shocking incident serves as a reminder of the dangers faced by teachers and the need for comprehensive safety measures in schools.
By Ben Finley
What responsibilities do schools have in ensuring the safety of their staff and students?
Her lawyer outside the courthouse, expressing her frustration with the school board’s attempt to block her lawsuit. She stated, “I never imagined that I would be shot by a 6-year-old student while teaching in a classroom. This incident has left me with physical and emotional scars, and I believe that the school should be held accountable for their negligence.”
Zwerner’s case has attracted national attention, raising important questions about the responsibilities of schools in ensuring the safety of their staff and students. While no one expects a 6-year-old child to possess a firearm, some argue that proper security measures and staff training could have prevented this tragic incident.
The debate over whether Zwerner should receive compensation through workers’ compensation or pursue a civil lawsuit has also become a point of contention. Supporters argue that workers’ compensation does not adequately address the extent of Zwerner’s injuries and the trauma she has experienced. They believe that a civil lawsuit would not only provide Zwerner with the financial support she needs for medical treatment and rehabilitation but also hold the school accountable for their negligence.
On the other hand, opponents argue that workers’ compensation is the appropriate avenue for addressing workplace injuries, regardless of the circumstances. They contend that the law should treat Zwerner’s case like any other work-related injury and provide her with the benefits she is entitled to under workers’ compensation.
The outcome of this case will have significant implications for both Zwerner and the broader discussion on school safety. If the judge allows the lawsuit to proceed, it could set a precedent for other teachers who have suffered harm due to negligence. However, if he rules in favor of the school board, it may limit the legal options available to educators in similar situations.
Regardless of the court’s decision, it is clear that more needs to be done to ensure the safety of teachers and students in schools. This incident serves as a wake-up call to reevaluate security measures, implement effective training programs, and provide support to those who have experienced trauma in the workplace.
In the upcoming week, all eyes will be on the judge’s ruling in this high-profile case. The decision will not only determine Zwerner’s personal path to justice but also shed light on the legal rights and protections for educators in the United States.
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