Appeals Court Can Rule If Teacher Shot Falls Under Workers Comp

Workers comp battle for teacher shot by student

  • An appeals court can take on the issue of whether Abby Zwerner’s injuries after being shot by a student should be covered by workers’ compensation, a Virginia judge ruled.
  • Zwerner has filed a $40 million lawsuit saying school leaders were negligent.
  • Attorneys for the School Board have argued that workers’ compensation should cover her injuries, which would end her lawsuit.
  • Earlier, a judge ruled the case did not fall under workers’ compensation, allowing it to progress to a trial, which is currently set for January 2025.
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Firefighter’s heart attack not covered by workers’ comp

  • A firefighter in Charleston, South Carolina is dealing with the financial burden after suffering a heart attack.
  • Heart attacks are not considered eligible for workers’ compensation under current South Carolina law, leaving those who serve the public with limited options.
  • City of Charleston Firefighter Scott McWethy was exercising after training as part of his required work duty when he realized something was wrong and was later diagnosed with a heart attack.
  • State law 42-1-160 reads in part, “Heart attacks arising out of and in the course of employment unaccompanied by physical injury are not considered compensable…”
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Update on injuries to oil and gas extraction workers

  • From January 2015 to July 2022, federal regulators received reports of 2,101 severe injuries among oil and gas extraction workers.
  • Contract workers in the service and drilling sub-industries experienced disproportionately more work-related injuries compared with those in the operation sub-industry.
  • The report suggests that these injuries could be preventable by including contractors in worksite safety plans that administer the hierarchy of controls and are within an effective safety management system.
  • The industry should provide consistent safety training on work equipment, personal protective equipment, and daily site safety meetings that increase safety culture.
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Push to enhance training for fire-resistant material in Washington

  • The Washington State Department of Labor & Industries’ Division of Occupational Safety and Health has a new rulemaking initiative, mandating the creation of a training and certification program for individuals applying fire-resistant materials.
  • A substitute House Bill addresses the role of specialized training in applying materials designed to prevent the spread of fire and protect structural integrity.
  • Under the proposed rule—set to be adopted by January 1, 2025—individuals working with fire-resistant materials must undergo training provided by registered apprenticeship programs, material manufacturers, or DOSH-approved training providers.
  • This rulemaking proposal emphasizes the need for rigorous training standards in high-risk areas, such as fire protection.
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