Violently assaulted on public school grounds by autistic boy?
I was violently assaulted when verbally redirecting a violent autistic student for assaulting another school employee. He lunged at me and was very strong. I fought back with self defense techniques and was physically assaulted as I struggled. Biting, scratching, etc. No one came to my aid but just stood there and watched.
Finally three male school employees tried to restrain the boy and they were scratched and bitten too. Do I have any recourse in this situation? Who is responsible for my medical bills... the school, the boy's parents? What can I do? Thank you.
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ANSWER for "Violently assaulted on public school grounds by autistic boy?":
Debbie (Crestline, CA):
From the facts you present we will assume at the time of the assault you were a school employee. As a school employee you are entitled to full medical, chiropractic, and even dental bill reimbursement for your injuries, and related damages. This reimbursement will be paid pursuant to workers compensation guidelines in place for the State of California.
For purposes of workers comp, your "damages" can include out of pocket expenses for prescription and over the counter medications, crutches, slings, costs of transportation to and from treatment, and about 2/3rds of your lost wages for the time you are treating and recovering.
Unfortunately, under workers' compensation laws, you are not entitled to compensation for your pain and suffering, also called emotional distress.
You also have a separate cause of action, or injury claim against the boy's parents. California law holds parents of minor children responsible for the acts or omissions of their children when those actions or omissions result in injury or undue harm to third parties.
Presuming the young man was a minor at the time of the assault, his parents can be held responsible for your medical, chiropractic, or dental bills, out of pocket expenses, all your lost wages, and an additional amount for your pain and suffering.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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