It is reported that a High School Student attacked two teachers on school grounds. Currently, he is charged with assault for slapping one Teacher. He is also accused of kidnapping and misdemeanor riot. Nypost.com.
It is reported that one of the teachers said: “I walked up to the desk to get my phone to call the office and he mockingly walked behind me, and I happened to turn around and see him and the students started laughing,” “The next thing I know he had taken his hand and smushed my head and everybody started laughing and he ran out.”
The other Teacher was reportedly smacked twice. The video of this event went viral.
These cases will be analyzed under California Workers’ Compensation Law.
Are These Attacks Work Injuries?
In these two fact patterns, it does not appear that there were physical work injuries. The news reporting did not indicate any injuries and did not indicate that any medical care was obtained. Hurt feelings alone does not constitute a work injury. A diagnosed medical condition is necessary.
These incidences may constitute psychiatric workers’ compensation claims. In this instance, the psychiatric basis with respect to the events. The threshold for such injury claims would be lower than the usual standards due to the violence involve. The standard applicable would be as follows: ” in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.” This is 35-40 percent.
What If I Need to Seek Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.