What is the name of your state (only U.S. law)? Washington State-A School District. In our district work place injuries automatically go through L&I and all the restrictions and legal limitations and provisions as is typical. Written in the teacher contract is a disclaimer that that an injury on the job is a "no fault" situation and therefore in case of substantial injury cannot sue for damages etc. However, there must be another side to this contract since an employer holds a responsibility to maintain a safe workplace, yes?
I am asking for legal opinion and suggestions on behalf of several of my coworkers- one in particular whom this happened to: A special needs child (very large and aggressive) with a history of violent and injurious attacks on staff was moved from one school in the district to another-This was because the District Special Ed Dept. were informed of the injuries and staff sent multiple requests for help from the District, (who is responsible for child placement and support decisions), to intervene and provide additional support.
The initial placement resulted in multiple L&I claims from the Special Education staff in that school. The District's response was to move the student and create a new Individualized Education Plan stated the child was to be provided a one-on-one and the child was moved to a different school.
Once there, the child injured more staff members- one severely. Several others had sprained arms, large bruises, black eyes etc. The District was instantly asked to reevaluate the situation. At this time, It came to light that the district had not (or was not yet able)to provide the one-on-one staff support for that child, nor had they prepared or met with staff to alert the new teachers of the specialized needs of the child.
The head teacher in the classroom was a brand new teacher. Also, she was not notified of this child's behavior or prepared with extra training to meet the unusually challenging needs. The room was understaffed. The support that was eventually provided was temporary help and several injuries later had proved to be insufficient. The head teacher was assaulted by the student and was severely injured, and went to surgery etc. She has lost 40% of her expected income for the months she has been out in rehab. She has lost all available sick leave prior to L&I and she is now being garnished hundreds of dollars per paycheck to pay back what she owes for her sick leave that she did not have enough of.
After seeking an attorney, she was told she cannot sue for damages. I have a vested interest in this situation. I understand contracts but I believe the district was severely negligent. Is there another legal recourse that might fall in this category? Something does not feel just or right about this situation. The district insisted on keeping the child in the classroom and staff continued to get injured. The staff asked for help and none came. The injured teacher is interested in getting a lawyer but as I said, has been told she is legally not able to sue for what has happened to her. Surely there must be another legal way to approach this in spite of the ironclad l workmans compensation law and "no fault" contracts? Willful endangerment is not the same as accidents or unavoidable workplace issues- right?
In one incident, the child actually head butted the Dept. head who came to observe the situation. Even after this, no special help or extra training was provided. In many conversations, staff members complaints were dismissed and were told they, "didn't want to hear about any more injuries." I am willing to take any suggestions or input. Last year, a general education student was permitted to kick, spit on, beat, bruise, bite, and attack support staff members for over 3 months before the school district made a significant effort to find an alternative placement and another 2 before the student was moved. There is a special training called, "Right Response", given once a year that is supposed to keep staff members from being injured. As several staff made clear to the District Evaluation team- this technique is not possible to use safely with little children and nearly impossible to use when the assaulted staff member is physically carrying or supporting another disabled child and has to put themselves in harms way to protect another child. The response from the district was that if the staff used it the right way, they would be fine.
I am asking for legal opinion and suggestions on behalf of several of my coworkers- one in particular whom this happened to: A special needs child (very large and aggressive) with a history of violent and injurious attacks on staff was moved from one school in the district to another-This was because the District Special Ed Dept. were informed of the injuries and staff sent multiple requests for help from the District, (who is responsible for child placement and support decisions), to intervene and provide additional support.
The initial placement resulted in multiple L&I claims from the Special Education staff in that school. The District's response was to move the student and create a new Individualized Education Plan stated the child was to be provided a one-on-one and the child was moved to a different school.
Once there, the child injured more staff members- one severely. Several others had sprained arms, large bruises, black eyes etc. The District was instantly asked to reevaluate the situation. At this time, It came to light that the district had not (or was not yet able)to provide the one-on-one staff support for that child, nor had they prepared or met with staff to alert the new teachers of the specialized needs of the child.
The head teacher in the classroom was a brand new teacher. Also, she was not notified of this child's behavior or prepared with extra training to meet the unusually challenging needs. The room was understaffed. The support that was eventually provided was temporary help and several injuries later had proved to be insufficient. The head teacher was assaulted by the student and was severely injured, and went to surgery etc. She has lost 40% of her expected income for the months she has been out in rehab. She has lost all available sick leave prior to L&I and she is now being garnished hundreds of dollars per paycheck to pay back what she owes for her sick leave that she did not have enough of.
After seeking an attorney, she was told she cannot sue for damages. I have a vested interest in this situation. I understand contracts but I believe the district was severely negligent. Is there another legal recourse that might fall in this category? Something does not feel just or right about this situation. The district insisted on keeping the child in the classroom and staff continued to get injured. The staff asked for help and none came. The injured teacher is interested in getting a lawyer but as I said, has been told she is legally not able to sue for what has happened to her. Surely there must be another legal way to approach this in spite of the ironclad l workmans compensation law and "no fault" contracts? Willful endangerment is not the same as accidents or unavoidable workplace issues- right?
In one incident, the child actually head butted the Dept. head who came to observe the situation. Even after this, no special help or extra training was provided. In many conversations, staff members complaints were dismissed and were told they, "didn't want to hear about any more injuries." I am willing to take any suggestions or input. Last year, a general education student was permitted to kick, spit on, beat, bruise, bite, and attack support staff members for over 3 months before the school district made a significant effort to find an alternative placement and another 2 before the student was moved. There is a special training called, "Right Response", given once a year that is supposed to keep staff members from being injured. As several staff made clear to the District Evaluation team- this technique is not possible to use safely with little children and nearly impossible to use when the assaulted staff member is physically carrying or supporting another disabled child and has to put themselves in harms way to protect another child. The response from the district was that if the staff used it the right way, they would be fine.
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