Legal Question in Personal Injury in Ohio
I am a teacher in a self contained behavior unit. I was promised that I would have a paraprofessional in my classroom when I was hired and then again at a meeting with the state Intervention Specialist. As of now I still have not had a paraprofessional in my classroom. On Monday I was hit in the back of the head by one of my students and was diagnosed with a mild concussion and a closed head injury. This would not of happened if I had a helper in the room. I am wondering if there is any legal action I can take at this point?
2 Answers from Attorneys
Not knowing all the facts, it might be the case that your only legal course is to file a workers compensation case for an on-the-job injury. Because this injury occur as part of your teaching duties, you very likely can not sue your employer. You could consider suing the student, but it is unlikely that she/he would have insurance or the resources to pay damages. You should consult with a workers comp attorney in your area.
Your situation is not unusual. We have many clients who would not have been injured but for negligence by their employer. Generally speaking, however, any legal action will proceed through the Ohio Bureau of Workers' Compensation System (BWC). Feel free to give me a call and I would be happy to discuss your situation in detail. Thank you.
Andrew R. Tobergte, Esq.
McKenzie & Snyder LLP
Hamilton, OH 45011