Options after assault by student at high school in California?

Question

I'm a contractor nurse working 1:1 with a student at a high school in California. Last Friday, a special education student physically assaulted me by hitting my arm and pulling my hair. Two teachers and a paraprofessional witnessed the incident. About an hour later, the same student entered the classroom where my student and I were alone. Although the student seemed calmer, there was no staff supervising them, and I felt unsafe. I did not sustain physical injuries but am concerned about returning to work. I haven't reported the incident yet but plan to do so. I believe the school requires a 1:1 paraprofessional for students prone to violence, which was not followed. No actions have been taken by my employer or the school to address my safety concerns, although past incidents occurred with other students. I'm not aware of any support resources from my employer. Given these circumstances, what are my options? Can I take any legal action, and what steps should I consider moving forward?

Louis George Fazzi · Answer

You have a whole host of rights at stake here. 
The most important question is: who is your employer? Is it the school district, or a private contractor who placed you in the position? 
Regarding any injuries you may have suffered during the assault, those are typically limited to worker's compensation remedies available to you by virtue of your employment. That is why it is most important to identify your employer with specificity. 
The school district most likely has a human resources department, which is where you should make your report. Make sure you have a chronological statement of what happened, where, when,  why and who was present at all times. In addition to identifying all witnesses, you should also compile any documents or things you have  or can obtain which have any relationship to the events in question. In addition to this, make the same report to the contracting agency which placed you in your position at the school. 
It is important that you notify your employer(s) immediately of the event. Then you can begin looking for a competent worker's compensation attorney to guide you through that process. 
If there were any racial, ethnic or socially unacceptable or discriminatory conduct, that can be reported to the California Civil Rights office, which used to be known as the California Department of Fair Employment and Housing. 
This should be enough to get you started.

James L. Arrasmith · Answer

Your safety at work is paramount, and you have several immediate steps to protect yourself. First, document everything about the incident in writing, including the date, time, witnesses present, and any prior incidents you're aware of. File a formal incident report with both your contracting agency and the school administration right away. 
 
You have the right to refuse unsafe work conditions under California labor laws. Since the school appears to be violating safety protocols by not providing required supervision for students with known violent tendencies, you should raise this concern in writing to your employer and the school administration. Consider filing a complaint with Cal/OSHA, as they oversee workplace safety and can investigate dangerous conditions. 
 
You may want to consult with an employment lawyer who handles workplace safety cases, as you could have grounds for legal action based on the unsafe working conditions and the school's failure to follow established safety protocols. In the meantime, request a meeting with your supervisor to discuss implementing immediate safety measures, such as ensuring proper supervision and establishing clear protocols for similar situations. Remember that workers' compensation benefits may be available if you experience physical or psychological effects from the incident, even if you didn't sustain immediate injuries.

Q: Options after assault by student at high school in California?