In a highly publicized matter, a Teacher was reportedly battered as a result of taking away a video game from a child. According to the news account, the video showed the student charging towards the teacher and knocking her onto the ground. He stomped, kicked and punched her numerous times. As a result of the injuries, she lost her consciousness.
This matter will be discussed on a variety of issues.
If the Teacher Wrongly Took Away The Game From the Child, Would She Be Ineligible for Workers’ Compensation Benefits?
No. From the facts known, the Teacher did not act as the initial aggressor in the incident. This is supported by the fact that Police have arrested the Student and he is being charged with a crime. Also, workers’ compensation is a no-fault system. A mistake in taking away an item from a student causing an incident would not impact the eligibility for workers’ compensation.
If The Teacher Cannot Return to Teaching, Is Workers’ Compensation Her Only Means of Recovery?
In California, there is the State Teachers Retirement System which is known as CALSTRS. Assuming the Teacher works at a public school, she is entitled to pursue a disability retirement.
What if I Need 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.
