A Teacher Injured in a School Shooting: When Is the School Responsible?

About this episode

The episode discusses the implications of Workers' Compensation in the context of a teacher injured in a school shooting and explores legal responsibilities of schools.

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…

People in this episode

Guest: Katie Jean

Topics covered

• Workers' Compensation
• school shootings
• teacher safety
• legal exceptions
• liability
• intent exception

Keywords

• Workers' Compensation
• school shooting
• teacher injury
• liability
• legal analysis
• intent exception
• Virginia case
• Abby Zwerner
• Katie Jean

Mentioned in this episode

Organizations: John F. Burton Jr. Law Student Writing Competition

Places: public schools, Virginia

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