Legal Question in Workers Comp in Illinois

teacher assaulted by student

If a teacher is injured by a special ed student with a history of hurting the teacher and other students, can the teacher maintain a cause of action and avoid Worker's Comp Act?

Asked on 5/14/08, 11:51 am

3 Answers from Attorneys

Kelly Bennett Bennett Law Offices
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Re: teacher assaulted by student

You have a number of problems.

First, the doctrine of in loco parentis may come into play. Second, the degree of mental impairment is HUGELY significant. Third, assuming that the assault is classified as intentional then, if an insurance policy is even available, it will likely have exclusions for intentional acts. Fourth, if the child has been made a ward of the State of Illinois as some special ed or developmentally disabled children are, then you have other immunity problems that we haven't even discussed. Fifth, assuming you get by the first four concerns I can think of, do you agree that a jury may have symapathy for a developmentally disabled child?

If you wish to pursue a 3rd party claim, go sit down with a lawyer. However, I can't imagine why you would want to "avoid" the worker's compensation act, where your medical care, time off and permanancy settlements are guaranteed.

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Answered on 5/15/08, 1:15 pm
Nima Taradji Taradji Law Offices
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Re: teacher assaulted by student

The teacher will can do both. 1) file a claim for worker's compensation and 2) file a third party action against the person who caused the injuries.

I hope this helps-

Taradji

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Answered on 5/14/08, 11:58 am
John Wunsch Law Offices John C. Wunsch, P.C.
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Re: teacher assaulted by student

Dear Sirs:

Yes, you may have a case for your injuries.

We would be able to bring a case for workmen's compensation benefits depending upon the precise facts of how the incident occurred.

Please call to discuss.

Many thanks,

John C. Wunsch

Law Offices

info@wunschlaw.com

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Answered on 5/14/08, 12:03 pm

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