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.
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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.
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...
I read a little more about it. They are saying that she was entitled to claim workman's comp, but refused to do so. She has thus far refused benefits to which she was/is entitled.
Their theory is that whatever damages are eventually assessed in this case should not include the benefits she is entitled to receive separate and apart from the case. This would be important if she is awarded triple damages, for example. They are effectively arguing that the medical bills shouldn't be tripled, even if every other claim is.
It's a technical point, but likely a solid one.
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.
Do the ALICE drills count?
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 expect nothing else but for the judge and prosecution to absolutely dunk on that defense
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.
The way the law is set up (and thus the reason the lawyers are arguing it) is that you can't sue your employer for a workplace injury, it is purely a workers compensation (insurance) claim, and those do not pay any millions of dollars, and also the school would be covered by their insurance.
Were they at work when the injury occurred? Check Were there safeguards that the workplace could have done to prevent the injury? Check.
Wanting to not get shot at work is so woke...
Only in in gun nut America would anyone in their right mind would call being fucking shot a 'workplace injury'. I mean if this is what is expected then they should be making 100K+ a year since they face being shot more than being a cop.
James Graves, the president of the Newport News teachers union
Graves said, “These lawyers have started a significant hurricane in our district by saying that being shot is part of what teachers signed up for.”
this is grim but when i saw his last name, the first thing i thought of was nominative determinism theory (hypothesis that people tend to gravitate towards areas of work which reflect their names.)
lastly, at what point does something become labeled a "work hazard"? i'm looking forward to seeing how this case pans out. also, i wonder how insurance companies are going to react to this.
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.
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.
This kid has major Boondocks vibes.
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