Legal Question in Workers Comp in California

Attacked By Student - What Are My Options?

I am a special education teacher of middle school emotionally disturbed students in Compton, CA. I was attacked yesterday by a large (250 lbs.) student who repeatedly threatened and then hit me. My classroom is very poorly equipped - it has no working phone, one of my two classroom helpers was absent with no replacement, and after the threats had occurred and my other students ran to get campus security, they returned telling me that security had said, ''So what?'' when they told of our need for help. During that time I was hit hard by a large student, temporarily blacking out. I am suffering with a severe back pain and headache today. I am scared to death to go back to that classroom. I know I am not safe. Are there any viable options for me? Can I get workman's comp for my injury that will cover me until I can train for something else? Can I file a law suit because I was left so completely unprotected in that situation? Are there any really possible alternatives to me going back into a danger classroom already injured? I can't go without pay - but I am hurt and genuinely scared. Can you help?


Asked on 9/26/01, 8:26 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Attacked By Student - What Are My Options?

You have a worker's compensation case as well as a civil suit. You may obtain temporary disability benefits up to 2/3 of your income. If you qualify you may be trained for comparable employment. Please call me directly at (619) 222-3504.

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Answered on 11/07/01, 12:23 pm


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