FILE - Abby Zwerner, a teacher shot by her 6-year-old student, attends a hearing for a civil lawsuit she filed against the Newport News Public Schools, Friday, Oct. 27, 2023 in Newport News, Va. Zwerner can proceed with her $40 million lawsuit against Newport News Public Schools, a judge ruled Friday, Nov. 3. The school system had argued that Zwerner’s injuries fell under Virginia’s workers compensation law. NEWPORT NEWS, Va.
Hoffman disagreed with the school board, concluding that Zwerner's injuries “did not arise out of her employment” and therefore did not “fall within the exclusive provisions of workers’ compensation coverage.” “We are eager to continue our pursuit of accountability and a just, fair recovery,” they said."No teacher expects to stare down the barrel of a gun held by a six-year-old student.”
Zwerner’s attorneys countered that workers’ compensation doesn’t apply because a first-grade teacher would never anticipate getting shot: “It was not an actual risk of her job.”
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