Q: Assaulted by a student, medical leave, PTSD, no actions taken. How to proceed legally?
In November, I was assaulted by a high-functioning special education student, resulting in a cervical sprain and left trapezius strain. I am currently receiving psychological therapy and have been diagnosed with PTSD. Despite the incident, the student returned to class the same day. I am on workman's compensation leave, which has covered all medical expenses. No disciplinary actions have been taken against the student, though previous incidents have occurred with the teacher and me receiving bruises from the student. I have not taken any formal actions yet. How should I proceed to address this situation legally, and what rights or options might I have?
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A:
First, I’m really sorry you’ve had to go through something so painful and traumatic. What happened to you isn’t just a workplace injury—it’s also something that affects your peace of mind, your emotional health, and your sense of safety. Even though you're receiving workers' compensation benefits, you may still have other legal rights worth exploring.
You can start by documenting everything: dates of incidents, injuries, your therapy records, communications with school administrators, and prior complaints. Since the student had a history of aggression, and no protective measures were taken, you may have grounds to pursue a claim under Arkansas laws for unsafe working conditions or even potential negligence by the school district. You also have the right to request workplace accommodations and a safe environment under federal laws like the Americans with Disabilities Act (ADA) and possibly state-level protections.
You might also consider filing a grievance through your school district or union if you’re part of one. If the district failed to act on prior complaints or didn’t follow procedures, that could strengthen your case. You’ve already been through enough—taking steps to protect yourself legally now can help make sure this doesn’t happen again, to you or to someone else.
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