School Shooting Lawsuit Tests Limits of Workers’ Comp

Increasing school violence across the country raises questions about whether educators who are injured and eligible for workers compensation can sue their employers.

And a suit filed by a teacher at a school in Virginia earlier this year seeks damages outside of the comp system for her injuries.

The American Psychological Association says that violent incidents against teachers began to steadily rise during the COVID-19 pandemic. An APA report examining survey findings regarding violence against educators between 2020 and 2021 showed that 49% of U.S. teachers said they wanted to quit their jobs or switch schools because of workplace violence.

A recent case in Newport News, Virginia, involved a former elementary school teacher who was shot in January by a 6-year-old student who brought a gun to school. Abigail Zwerner, who was badly injured after being shot in the hand and chest and has since left her job, filed a lawsuit in April seeking $40 million in damages, claiming the district didn’t do enough to protect her. The case, Abigail Zwerner v. Newport News School Board, is pending in the Newport News Circuit Court.