Teacher Shot by Student: Workers’ Comp or Lawsuit? The Zwerner Case
In January 2023, a first-grade teacher, Abby Zwerner, was shot by her six-year-old student in Newport News, Virginia. This tragic event has sparked a legal debate over whether her injuries should be covered solely by workers’ compensation or if she has grounds to sue the school system for negligence. The case has drawn national attention, raising critical questions about school safety, administrative accountability, and the rights of teachers injured in the line of duty. In November 2025, a jury awarded Zwerner $10 million in her civil lawsuit against the former assistant principal, Ebony Parker.
The Incident and its Aftermath
On January 6, 2023, Abby Zwerner was shot in her classroom at Richneck Elementary School by a six-year-old student who brought a 9mm semi-automatic pistol to school in his backpack. The bullet struck Zwerner’s hand and chest, causing significant injuries, including a collapsed lung. She was hospitalized for nearly two weeks and underwent multiple surgeries. A bullet remains lodged in her chest, and she no longer has full use of her left hand.
In the immediate aftermath, Richneck Elementary School was closed for the week. The shooting was the first U.S. school shooting of 2023 and the third incident of gun violence in the Newport News Public School district in seventeen months.
Workers’ Compensation vs. Lawsuit: The Central Legal Question
Following the shooting, a debate emerged regarding how the school district should compensate Zwerner for her injuries. The school board argued that her injuries fell under Virginia’s workers’ compensation law, which would provide up to nearly ten years of pay and lifetime medical care for physical and psychological injuries. However, Zwerner rejected workers’ compensation, opting instead to sue the school district, alleging gross negligence on the part of school administrators.
The central legal question is whether Zwerner’s injuries “arose out of her employment” as a teacher. Her attorneys argued that being shot by a student is not a typical risk associated with being a first-grade teacher. The school board, however, contended that the incident occurred while Zwerner was performing her job duties and that her lawsuit centers on allegations of negligence at her workplace, which falls under workers’ compensation law.
The Argument for Workers’ Compensation
Workers’ compensation is a system designed to provide benefits to employees who are injured on the job, regardless of fault. It covers medical expenses, lost wages, and other related costs. In Virginia, the workers’ compensation law is relatively strict, covering workplace assaults and allegations of negligence against employers.
The school board argued that Zwerner was injured while at work, at her place of employment, by a student in the classroom. They maintained that her injuries were directly related to her job and therefore covered under workers’ compensation. The school board even filed a workers’ compensation claim on Zwerner’s behalf, seeking full benefits for her, including lifetime medical and wage benefits.
The Argument for a Lawsuit
Zwerner’s lawsuit alleges that school officials were grossly negligent in their duties to protect her and other students. The lawsuit claims that school administrators ignored multiple warnings that the student had a gun and was in a violent mood. It also alleges that the school system knew the boy “had a history of random violence” at school and home, including an incident where he “choked” his kindergarten teacher.
To succeed with her lawsuit, Zwerner’s lawyers had to prove that the shooting was unrelated to her job, even though she was shot in her classroom. They argued that a first-grade teacher would never anticipate being shot and that the danger of being shot by a student is not a risk inherent in the job of a first-grade teacher.
Key Players and Allegations of Negligence
The lawsuit named several defendants, including the Newport News School Board, former Superintendent George Parker III, former Richneck principal Briana Foster-Newton, and former Richneck assistant principal Ebony Parker. The lawsuit focused on the actions and inactions of Ebony Parker, the former assistant principal.
Zwerner’s lawsuit alleged that Parker failed to act despite multiple warnings that the student had a gun. The lawsuit claimed that Parker ignored reports from fellow students that the six-year-old boy had brought a gun to school and that she did not act quickly on that information. It also alleged that Parker forbade a guidance counselor from searching the boy again after his backpack was searched and no weapon was found.
The $10 Million Verdict
In November 2025, a jury awarded Abby Zwerner $10 million in her civil lawsuit against former assistant principal Ebony Parker. The jury found Parker liable for gross negligence, concluding that she had failed to act despite multiple warnings about the gun.
The verdict was a significant victory for Zwerner and her legal team. While she had sought $40 million in damages, the $10 million award sent a message that school security cannot be taken lightly and that ignoring warnings from teachers and students is a negligent act.
Implications and Future Considerations
The Zwerner case has significant implications for schools, teachers, and the legal system. It raises questions about the responsibility of school administrators to protect teachers and students from harm. It also highlights the challenges of balancing the rights of injured employees with the limitations of workers’ compensation laws.
The case could lead to increased scrutiny of school safety protocols and a greater emphasis on addressing student behavior issues. It may also prompt schools to provide more training and support to teachers in dealing with potentially violent students.
The Zwerner case serves as a reminder of the importance of school safety and the need for administrators to take all threats seriously. It also underscores the legal rights of teachers who are injured in the line of duty and the potential for them to seek compensation for their injuries through lawsuits.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have been injured in a workplace accident, you should consult with an attorney to discuss your legal options.