I am a teacher recently assaulted by student resulting in separation and tear of shoulder. What are my options?

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I am a teacher recently assaulted by student resulting in separation and tear of shoulder. What are my options?

Asked on May 29, 2009 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Though your question doesn't state it outright, I'm going to assume that you were injured on the job, on school property. If that's the case, then first, you can receive Workers Compensation since you were injured while on the job. In addition, if you want to, you *may* be able to sue your school if there was something negligent or improper in the situation--such as, for example, if the student had a history of violence of which the school was aware and did nothing. Note that accepting Worker's Compensation will bar you from suing your employer, so you need to make the decision as to what to do before you accept the Worker's Comp.

You can also sue the student or his/her parents. You don't say the student's age, but if he's over 18 (say, you're a college professor), you can sue him or her directly. If the student is under 18, you'll be suing his/her parents, who are responsible for the student's actions.

In terms of what you could sue for: direct medical costs; lost wages; any special devices or nursing care you require; and possibly pain and suffering, if the injury is severe enough.


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