Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Criminal Justice at work?
https://apnews.com/article/virginia-school-shooting-teacher-newport-news-2313674ec980908c33e60d59f1cec075
I cannot imagine working in such a poorly run school system with students placed inappropriately in classrooms without needed supports and then fighting hard to avoid paying out money to a teacher who was shot by a first grader.
Well most systems around the DMV have students placed inappropriately. And the school system isn’t fighting paying her. They just disagree on what is owed. She wants a big payout and the school system believes she’s owed workers comp, which provides wage loss, medical and permanent disability payments.
They ARE fighting it. Workers comp isn't nearly enough for what she experienced, and I would love to be privy to the behind the scenes conversations about how to cover up what really transpired and the terrible decisions that were made regarding this child's placement, despite his history of disturbing behaviors.
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.
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.
It's my understanding that he is in a school this year.
Anonymous wrote:https://wtop.com/virginia/2023/11/virginia-teacher-shot-by-6-year-old-can-proceed-with-40-million-lawsuit-judge-rules/
Hoffman disagreed with the school board, concluding that Zwerner’s injuries “did not arise out of her employment” and therefore did not “fall within the exclusive provisions of workers’ compensation coverage.”
The judge wrote: “The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher.”
Meanwhile, the mother of the 6-year-old boy who shot Zwerner is still awaiting sentencing for felony child neglect. Deja Taylor's sentencing was scheduled for Friday afternoon but postponed until December.
Court records indicate the delay comes at the request of both the defense and prosecutors, in part because a report was not yet available from the guardian ad litem. In Virginia, a guardian ad litem is appointed to represent the interests of the child in cases alleging neglect.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Criminal Justice at work?
https://apnews.com/article/virginia-school-shooting-teacher-newport-news-2313674ec980908c33e60d59f1cec075
I cannot imagine working in such a poorly run school system with students placed inappropriately in classrooms without needed supports and then fighting hard to avoid paying out money to a teacher who was shot by a first grader.
Well most systems around the DMV have students placed inappropriately. And the school system isn’t fighting paying her. They just disagree on what is owed. She wants a big payout and the school system believes she’s owed workers comp, which provides wage loss, medical and permanent disability payments.
They ARE fighting it. Workers comp isn't nearly enough for what she experienced, and I would love to be privy to the behind the scenes conversations about how to cover up what really transpired and the terrible decisions that were made regarding this child's placement, despite his history of disturbing behaviors.
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.
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.
Anonymous wrote: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.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Criminal Justice at work?
https://apnews.com/article/virginia-school-shooting-teacher-newport-news-2313674ec980908c33e60d59f1cec075
I cannot imagine working in such a poorly run school system with students placed inappropriately in classrooms without needed supports and then fighting hard to avoid paying out money to a teacher who was shot by a first grader.
Well most systems around the DMV have students placed inappropriately. And the school system isn’t fighting paying her. They just disagree on what is owed. She wants a big payout and the school system believes she’s owed workers comp, which provides wage loss, medical and permanent disability payments.
They ARE fighting it. Workers comp isn't nearly enough for what she experienced, and I would love to be privy to the behind the scenes conversations about how to cover up what really transpired and the terrible decisions that were made regarding this child's placement, despite his history of disturbing behaviors.
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.
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.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Criminal Justice at work?
https://apnews.com/article/virginia-school-shooting-teacher-newport-news-2313674ec980908c33e60d59f1cec075
I cannot imagine working in such a poorly run school system with students placed inappropriately in classrooms without needed supports and then fighting hard to avoid paying out money to a teacher who was shot by a first grader.
Well most systems around the DMV have students placed inappropriately. And the school system isn’t fighting paying her. They just disagree on what is owed. She wants a big payout and the school system believes she’s owed workers comp, which provides wage loss, medical and permanent disability payments.
They ARE fighting it. Workers comp isn't nearly enough for what she experienced, and I would love to be privy to the behind the scenes conversations about how to cover up what really transpired and the terrible decisions that were made regarding this child's placement, despite his history of disturbing behaviors.
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.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Criminal Justice at work?
https://apnews.com/article/virginia-school-shooting-teacher-newport-news-2313674ec980908c33e60d59f1cec075
I cannot imagine working in such a poorly run school system with students placed inappropriately in classrooms without needed supports and then fighting hard to avoid paying out money to a teacher who was shot by a first grader.
Well most systems around the DMV have students placed inappropriately. And the school system isn’t fighting paying her. They just disagree on what is owed. She wants a big payout and the school system believes she’s owed workers comp, which provides wage loss, medical and permanent disability payments.
They ARE fighting it. Workers comp isn't nearly enough for what she experienced, and I would love to be privy to the behind the scenes conversations about how to cover up what really transpired and the terrible decisions that were made regarding this child's placement, despite his history of disturbing behaviors.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Criminal Justice at work?
https://apnews.com/article/virginia-school-shooting-teacher-newport-news-2313674ec980908c33e60d59f1cec075
I cannot imagine working in such a poorly run school system with students placed inappropriately in classrooms without needed supports and then fighting hard to avoid paying out money to a teacher who was shot by a first grader.
Well most systems around the DMV have students placed inappropriately. And the school system isn’t fighting paying her. They just disagree on what is owed. She wants a big payout and the school system believes she’s owed workers comp, which provides wage loss, medical and permanent disability payments.
They ARE fighting it. Workers comp isn't nearly enough for what she experienced, and I would love to be privy to the behind the scenes conversations about how to cover up what really transpired and the terrible decisions that were made regarding this child's placement, despite his history of disturbing behaviors.