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A negligence action filed by a teacher’s aide against her employer and an assistant principal following an incident in which the aide was assaulted and beaten by a student was barred by the exclusive remedy provisions of New York’s Workers’ Compensation Law, held a federal district court. The aide, who was employed at a facility that served troubled teens, had previously sustained injuries during an altercation with students. She alleged that in spite of that fact she was directed to physically restrain students who were acting out or be subject to administrative action for insubordination, including termination, that on more than one occasion, school staff members watched and took no action as the aide was bitten, kicked, punched, thrown against walls, desks and radiators, had chairs, desks and books thrown at her and was spat upon while attempting to physically restrain a student, and that when the aide complained to the assistant principal about the physical abuse she was suffering, the assistant principal directed her back to work and no disciplinary action was taken against any of the students. The court found her civil action was clearly barred. Her allegation that the employer owed a “special duty” to her was to no avail. The employer owed the same duty to all its employees.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Horan v. Nassau BOCES, 2015 U.S. Dist. LEXIS 144754 (E.D. N.Y., Oct. 26, 2015) [2015 U.S. Dist. LEXIS 144754 (E.D. N.Y., Oct. 26, 2015)]
See generally Larson’s Workers’ Compensation Law, § 100.03 [100.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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