Judge Hoffman’s ruling emphasized that the risk of being shot by a student was not specific to the role of a first-grade teacher and, therefore, should not be exclusively covered by workers’ compensation. He stated, “The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher.”
The school board’s attorneys have expressed their intention to appeal Judge Hoffman’s decision, with the hope of reversing it in the appellate court. They have consistently maintained that Zwerner’s injuries were directly linked to her job and thus fall under the purview of workers’ compensation.
Virginia’s Unique Workers’ Compensation Law
Virginia’s workers’ compensation law is known for its strictness, often making it difficult for cases like Zwerner’s to progress. This law covers workplace assaults and allegations of employer negligence, which can hinder lawsuits from moving forward.
Zwerner’s legal team has contended that workers’ compensation should not apply in her case because she could not have foreseen the risk of being shot while teaching first-graders. They argue that it was not an inherent risk of her job.
