cross-posted from: https://lemmy.world/post/3089104
NEWPORT NEWS — The Newport News Education Association President condemned the premise of the school division’s motion to dismiss Abigail Zwerner’s pending $40 million lawsuit.
The motion was filed last week by attorneys representing the School Board and argues that Zwerner, who was shot in her classroom at Richneck Elementary in January by a 6-year-old student, is only entitled to file a worker’s compensation claim because the injury she sustained from the shooting is a “workplace injury,” and that the shooting was a hazard of the job.
I mean… they have a point. In America, getting shot while teaching kindergarten is a hazard of the job.
So maybe, just maybe, it is a good idea to… give a shit about that?
Like a sign that says “X days without shooting”?
Country wide? That sign comes with a permanent 0.
I was thinking the same, the outrageous thing here is not the claim, but the fact that they do have a point.
getting shot in America is a hazard of just existing in that country…
While I understand the assholes are trying to get a lower payment, if this is a workplace hazard, then every teacher should sue for back hazard pay, violations on clearly showing it’s a possibility and expectation to get shot, and I’m sure OSHA has something on providing proper PPE. It’s a workplace hazard after all.
Were they at work when the injury occurred? Check Were there safeguards that the workplace could have done to prevent the injury? Check.
If we’re not going to enact common sense gun laws and protections for the public, then it is a workplace injury. She should still be allowed to sue those responsible for not protecting her and the children in her care, but when you normalize school shootings this is what you get. If a cop can say getting shot is a workplace injury and receive compensation for the rest of his life, so should she.
If I understand the article correctly they’re trying to say it’s a workplace injury to cap the payout to something lower than she was trying to get.
That’s absolutely what they’re saying. And I don’t agree that the payout should be capped. Especially when in some places it’s not capped for cops. But on the other hand… This is the worst time line.
You guys saying “well are they wrong?” Are missing the point, the lawyer is attempting to normalize school shootings, and he’s trying to do this in order to let the school get away with not taking the appropriate steps to prevent this incident from happening.
Not fair to blame the lawyer though. He’s hired to defend them to the best of his ability.
You want to be mad. Be mad at the school that agreed that this is the defense they agreed to go for.
You know, fuck that. I don’t agree. The lawyer is willfully making people and society worse in this defense, consciously. That is indefensible and condemnable.
There’s nothing stopping lawyers from dropping clients that make them go against their morals, so either the lawyer has no morals or their morals weigh less than the paycheck they’ll get.
They’re there to do their job. Creating the best defense possible. Why is that not fair given that the prosecution will do everything in their power to maximize damages?
I don’t agree with the defense either. But who am I to say they can’t have one? It’s for the court to decide what happens next. I fully expect the prosecution, and the court to slam the defense to the ground.
Everyone has the right to the best defense possible. That’s the only way it works.
The defense does everything they can for their client. The prosecution does everything they can for theirs. And somewhere in the middle you’ll often find justice.
No, I choose to blame the guy making money by defending the status quo.
He could have chosen an honorable career, instead chose to defend scumbags for $$$.
Again. Either everyone is entitled to the best defense possible. Or no one is. Because who’s going to decide who can get a good defense and not?
Do you know how many people have been tried for crimes they didn’t commit? People have been falsely accused of rape and gone to trial.
Do they not deserve a good lawyer? Or is your moral compass going to decide ahead of each trial who is innocently accused or not to determine if they are allowed a lawyer or not?
To be fair how is it the schools fault if muricans are retarded with their gun laws?
The lawsuit is based on that she told the school multiple times about this kid, but no action was taken. That the schools negligence is the cause of her injury.
Rather than this being a random shooting
Yeah, that makes sense. This filling isn’t wrong to attempt, but there’s also no reason to not believe negligence wasn’t involved in protecting their teachers. I doubt the judge will dismiss based on this reasoning. That’s what the trial is for. I don’t blame the attorney for trying though, and I don’t doubt the reasoning will be a very large part of their defense in the end.
Are. They. Wrong.
Yes. If it’s a workplace injury, OSHA has the authority to come in and dictate mitigation measures.
Clearly this isn’t true.
There are mitigation measures! Unfortunately, OSHA can only dictate mitigation measures inside the workplace.
Yes. Being shot is not part of the job description.
I’m pretty sure mass shootings are actually addressed in the handbook.
Wanting to not get shot at work is so woke…
yeah man the woke libtards have gone too far, do they really expect to survive their jobs?? so privileged!
Well, okay then. Did the school do everything it could to mitigate this professional hazard?
Let’s see the “school shooting” part of the risk assessment, the prevention steps taken, the training, and so on.
Yeah, this argument is likely going to backfire for the school.
Time to bring in OSHA
What happened to holding the parent liable for what their kids do? Like the Oxford MI shooting the parents were charged. Lets keep doing that, keep charging the parents for the kids crimes. Maybe parents will take a more vested interest in what the fuck their kids are doing, watching, websites they are viewing.
So cops being shot is too?
Workplace injury?? It’s a school, not a fucking shooting range.
I’d love to see the data on deaths at shooting ranges vs schools. And by “love” I mean that I’ll probably be queasy to learn more people die at schools than shooting ranges.
I wonder if you’re a postal worker and get shot by another postal worker if it’s a workplace injury. If that’s a workplace hazard.
If its a workplace injury, they get workers comp.
Huh? Did you read the article? The district is arguing that it’s a workplace injury to prevent paying out more money.
