Virginia School District Argues That Getting Shot By 6-Year-Old Is An Assumed Risk That Comes With Job

Law & Crime reports:

The school district that employs the teacher who was shot by her 6-year-old first grade student says that the teacher’s lawsuit against the district should be dismissed because she was injured in the course of her job — and therefore it’s a matter of workers’ compensation. In other words, the school district appears to be arguing, the “particular character” of Zwerner’s job as a teacher increased the likelihood that she would face a violent assault.

“Plaintiff was clearly injured while at work, at her place of employment, by a student in the classroom where she was a teacher, and during the school day,” the school board argues. “Teaching and supervising students in her first grade class was a core function of Plaintiff’s employment. Thus, Plaintiff’s injuries arose out of and in the course of her employment and fall under Virginia’s Workers’ Compensation Act.”

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