Shooting Victim's Case Can Go Forward

Shooting Victim’s Case Can Go Forward

A teacher’s lawsuit can go forward after she suffered a gun shot wound in 2023. A Virginia court declined to hear an appeal from the school district.
The first grade teacher filed a multi-million dollar lawsuit after she was shot by one of her students. She was hit in the upper chest and shoulder. The case will determine whether workers’ comp applies in this case.
The school district argued that because the injury was sustained at work, workers compensation is the only remedy.
The teacher said she didn’t want workers’ comp saying her injuries were the result of negligence on the part of school.

NM Court Says No Caps

The New Mexican Supreme Court says setting caps for a worker’s mental health treatment are unconstitutional.
The court rules that work injuries to hurt mental health are no different from physical injuries. They both impair an employee’s function to work.
The case arose when a special education teacher injured her knee. She also suffered from mental impairment.
The teacher argued that the current law treated her subsequent mental injury differently form her physical injury, in violation of the equal protection clause.

Workers Get Rights Reminder

New York City’s Department of Consumer and Worker Protection has provided a bill of workers rights. The law promulgating the latest rights, took affect at the beginning of March.
Employers must place posters in visible places in the work place, so workers can see them and take action if needed.
The worker rights include, in addition to all other employees, protection for delivery workers and freelance workers. The protections include a healthy and safe work place, and the right to workers’ comp.
Classification of employees–a full time employee vs. independent contractor is also included. Proper classification determines if certain workers are covered for workers’ compensation coverage.

Unions Strike a Blow for Gig Workers

Lyft loses a bike share contract after workers protested that they were unfair workers
Workers say that Lyft is unfair to its gig work force and is hostile to unions.
Lyft has said that a Department of Labor ruling defining independent contractor does not change its workforce to full-time employees.
Lyft also says that most of its employees favor a business model that does not change their status as independent contractors, but does provide certain rights. Classification for independent contractors can can have an impact on workers’ comp coverage for employees.

Rape Charges Triggers Work Comp

A female mariner alleges she was raped in her bed aboard a military sealift ship. A question has arisen as to whether it is an injury covered by workers comp.
The victim says she was raped by her superior civilian captain back in 2021. Lawyers for the government say that a precedent set decades ago states that incidents such as this are handled by workers’ comp.
The lawyers say this incident is covered by the Federal Employees Compensation Act because it occurred in the course of her employment.
Lawyers for the victim say it is outrageous that such a violent act is simply treated as risk associated with work.