Will add that in all of my years of teaching and evaluating students with special needs, I've never known of a situation in which a parent was in the classroom daily...and most definitely should not be one who uses drugs. |
Let’s be super clear that what they are arguing is that this was normal, to be expected during the course of the duty of being a teacher. “ But Anne Lahren, an attorney for the school board, said the incident “falls squarely” under workers’ compensation because Zwerner was working in her capacity as a teacher.” This is not about money for Zwerner but about setting the legal precedent that school shootings are a normal part of a teacher’s job. |
I agree that we would never see those accommodations in the DMV. And apparently the legislature in VA believes that WC is sufficient to compensate injured workers or they would change the law. This is just a case where the courts are going to have to decide whether it is workers’ comp. It’s going to be years because this will go to VA’s highest court. And while this is truly horrific, there are far worse accidents/incidents that have been deemed workers’ comp. It’s our country’s trade off - employees can always get compensated when hurt at work even if they are at fault but in exchange they can’t sue if it is the employer’s fault. There are some exceptions on both sides like if someone intentionally hurts themselves. But when it happens while working it is almost deemed workers’ comp. I’m looking forward to seeing the ultimate decision here. Last thing I’ll say is that I think WC is more generous than you believe though it won’t likely reach millions in benefits - but it’s possible given her age. |
PP here. Thank you for taking the time to share this info. Very helpful! I'm just still rather horrified and in disbelief that a child with this history of issues would have been in that classroom setting with his mother (or other parent?) as support. It's just really hard for me to understand the administrators' decisions. |
Workers comp full and final settlements are not that much money.
The average in Virginia is $52,000 https://cpollardlaw.com/virginia-workers-compensation/settlements-calculator-case-value/#:~:text=Therefore%2C%20the%20average%20workers%20comp,and%20%2418%2C976%20in%20indemnity%20benefits). It goes up to around 1 million settlement for complete paralysis. |
Complete paralysis may or may not get you a million under VA comp. And there are other conditions/injuries that could get you to that point. The dollars are determined by so many facts. But most million dollar cases aren’t going to get a settlement because you might as well pay it over time than in a lump sum. There are exceptions. |
It's my understanding that he is in a school this year. |
https://abcnews.go.com/US/wireStory/6-year-son-shot-teacher-now-sentenced-child-104417477 |
From this article:
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Source? He shouldn't be. |
His great-grandfather, who has custody, said that he’s in school but it’s not a Newport News public school. |
“He said Taylor had failed eight court-ordered drug tests since her arrest.”
Throw. Away. The. Key. |