On April 29, 2014 I was escorting a student to the time out room, at which time she ran into the lobby and entered a conference room which was unlocked. All doors are supposed to be locked at all times.
I called for assistance and when we entered the room the student hit me in the face with a phone handset, causing a fractured nasal bone. I believe that this might have been prevented if the conference room was locked and did not contain objects which could be used as weapons.
On an average day this room only consists of a table and chairs, with no other items. I am working with a workers’ comp attorney now. I was wondering if a third party suit is enforceable. Are there any grounds for a 3rd party suit in this situation? How could a pursue this? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
It is our policy here at InjuryClaimCoach.Com not to interfere with the attorney-client relationship. Your workers’ compensation attorney should be able to address your specific questions about a third party action.
Generally speaking, a school district employee injured on the job is limited to the pursuit of a workers’ compensation claim and related benefits. Third party actions against school districts are most often prohibited by law.
There is an exception. In most cases, parents are responsible for the actions of their minor children. Under some circumstances, an injured teacher might be able to pursue a third party personal injury claim against the parents of the child who injured the teacher.
That claim could be for reimbursement of medical bills, out of pocket expenses for medications, costs of transportation to and from treatment, etc., full lost wages for the time the injured teacher was recovering and unable to work, and for the teacher’s pain and suffering, also called emotional distress or mental anguish.
Unfortunately in your case, due to the type of environment you work in and the mental status of the child, a third party claim against the parents would be tenuous at best. Speak with your attorney. He or she will be able to advise you much better than we can.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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