Hi OK just going to ask you to please help me but first ull tell you the story
Ok I was sitting in class with an alcohol tester that (had a red laser on the bottom of it )
So when I was demonstateing how the achol tester worked to my friend right beside me and the laser got the teacher in the eye and I was sent down to the office and thensuspended for 2 days well anyway my teacher is trying to get workmen comp and how I might get sued:mad:.My question is can the teacher get workmens comp from that and if she can't can she sue my parents for the work day missed or can the government sue my parents

Where do you live?

In Ontario, she can NOT sue you. She would get worker's comp. most likely.

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Originally Posted by CaptainForest

Where do you live?

In Ontario, she can NOT sue you. She would get worker's comp. most likely.

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Lol I live in Ontario and can workmen comp sue me for the costs if she goe on it?

The basic definition of worker's comp is that a worker is injured on the job through no fault of their own.

Your teacher got injured while working, and she did not contribute recklessly to her injury.

Therefore, it sounds like she would qualify for workers comp.

As for the govt coming after you….

What happened to your teacher? She went home early and just missed the 1 day of work? In which case no one is going to bother and I don't understand why she is bothering with workers comp since the school itself will probably just overlook it.

But, was it your fault? Or did you accidentally hurt her? I didn't quite understand what you mean about a laser, etc.

Also depends on how extensive her injuries are and how much time she misses from work.

Most likely they won't come after you unless what you did here was malicious and/or intentional.

That is just my opinion on this matter.

OK I guess it was my fault but it was acciental too and it wasn't really a laser it was like a red light on a key chain sort of thing and I was told she filled workmens comp papers that day and the only thing really is at lunch her eyes where watering that's it and I think if she was going to do anything to me she would have phone the police to charge me so if she wanted to take me /parents to court she would have a case but know matter how long does she has to take any sort of action?? And I don't think she has to lose time off work but if she want to take it that far then I guess she will.but she also said it was my fault to and that it wasn't acciental but it was my story was true :) and I'm hopeing she not one of those type of people that try to get workmen comp etc.:eek:

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Originally Posted by know it not

ok i guess it was my fault but it was acciental too...... and im hopeing she not one of those type of ppl that try to get workmen comp etc.:eek:

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Hello know it:

I'm not a Canadian, and I don't know Canadian law. However, Canadians ARE civilized and their law is based on the same concepts as is American law. Given the above, I have an opinion.

Workman's Compensation will only pay her for WORK time lost, and her medical expenses. SHE is paying part of her income so that she can be covered by this type of insurance. Even if the payment is made BY the employer, it's money that she would receive in salary if it weren't a mandated payment.

I hope she DOES take advantage of her insurance policy. If you're ever hurt or damaged in any way, and YOU have insurance coverage, I hope that you too will make a claim. There's nothing WRONG with people who do that. As a matter of fact, there's something WRONG with people who don't.

Workman's Comp will not pay her for her pain and suffering. Evidently, from your own statement, there's pain and suffering. It doesn't matter whether you intended to do it or not. The fact is you DID do it, and she got hurt. YOU and your parents are liable for her damages!

If I were your parents, I would make you call the teacher to apologize. I would also offer her ANY kind of assistance (financial or otherwise), that you can give. I'm hoping you and your parents aren't the kind of people who avoid their responsibility. If you are, it's going to cost even more!

excon

Yes true but how doe a person that doent wear glasses with 20/20 vision get hurt by a red light (not laser) from the middle of the class I there is any charge of law suit made by me I would want to that question it is for certain that I was wrong but there are no damage made as I said her eye were watering and I bet if I took the red light object to an eye doctor and asked if it would cause any sort of damage he would say the risk of damage is about 9% and the has a lower voltage than a flash light lets be truthful here that flash light can't BLIND A PERSON IN MID DAY TIME there might be damage but come on hell I've gotton a light in my eye and there was no damage and I said I hope she not the type of person that wants to go on disablity for something that is not even damageing a Flash Light can't harm you or there would be warming labels on the package and when I bought it there was none it said the light was harmless

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Originally Posted by know it not

it is for certain that i was wrong but there are no damage made as i said her eye were watering........ i said i hope she not the type of person that wants to go on disablity for something that is not even damageing

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Hello again, know:

The court system is NOT a lottery. She'll have to prove her case. But, that's not going to be hard. You, yourself, said her eye was watering. That means what to you?? That it DIDN'T hurt?? You little wippersnapper - YOU DON'T KNOW SQUAT!!

You said 9% of the people get hurt?? That's one out of ten. Not big odds. Why don't you think she is in the 10%??

Look. You hurt her!! It's not HER fault. Stop blaming YOUR victim. I had hoped you weren't the type of person to avoid your responsibility, but I see that you are. Step up to the plate and act like a man!

excon

I am being a man I did apolige for it OK but I'm not bill gates and it was an acciendent OK
You don't understand though the law is starting to get redictulas with all whese dumb laws their making OK and you should know havard dude basically I never heard any as dumb as he shine a light in my your honor you know how stupid that is and I'm just being cautious I don't want to f up my life over a little light that went into her eye cmon people (u got to be honest her look at it like this this was not a laser this was a little red light at the bottom of an achol tester to find you way around in a car its know more powerful than a cheap dolar flashlight OK an I AM BEING A MAN BUT IM ALSO TRYING TO GET SOME KNOW HOW about this because I'm not a stupid one.

Okay, come on here. Look, first of all it was an accident. Secondly, her eye WATERED, she won't get pain and suffering in court because her eye WATERED. LMAO.

Did she miss any time from school? Is there any permanent damage? These are the real issues here, not that her eye WATERED for crying out loud. My eyes water when I get near someone who wears their cologne a little to heavy, but I am not going to sue them!!

If she missed time from school Workman's Comp will cover it, and no they won't go after you.

Now the real question is there any permanent damage? I seriously doubt it.

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Originally Posted by know it not

I am being a man i did apolige for it ok but im not bill gates and it was an acciendent ok.........because im not a stupid one.

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Hello again, know:

Ok, now we're getting somewhere. It's good you apologized. That means you recognize that it was your responsibility. Notice that I didn't say fault. Fault involves blame. I don't blame you. I don't think that it was your intention to harm her. So, there's no fault, and no blame. There is only responsibility – and it's yours - plain and simple.

Next. Her damages are not limited to your bankroll. If she's awarded x dollars, then she'll collect x dollars even if she has to wait 20 years to get it all. She can garnish your wages till it's paid, she can attach your real estate, and she can attach your bank accounts. So, the courts don't care whether you're Bill Gates or not.

Lastly. You are not stupid. You want to get to the bottom of this. I'm glad. My advice was not intended to make you the bad guy. In fact, my advice was to limit your exposure. You're my client (so to speak), not her. I want to look out for YOUR interests, not hers.

MOST of the time, in matters like these, people don't sue because of the money. They sue because they've been wronged and nobody stepped up to help. As noted, she probably has no medical expenses or lost work issues, only pain and suffering. How much can it be worth? A bad pain for, what?? A few weeks, let's say? Maybe a $1,000. Plus court costs, plus time and effort, and maybe even legal fees.

IF you kiss her butt now (even though you think she might not be hurt), it will save you money in the long run. That's what I meant earlier when I said it was going to cost you more. I'm trying to save you money. Following my advice would be the smart thing to do.

excon

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Originally Posted by know it not

ok i guess it was my fault but it was acciental too and it wasnt really a laser it was like a red light on a key chain sort of thing and i was told she filled workmens comp papers that day and the only thing really is at lunch her eyes where watering thats it and i think if she was going to do anything to me she would of phone the police to charge me so if she wanted to take me /parents to court she would have a case but know matter how long does she has to take any sort of action??? and i dont think she has to lose time off work but if she want to take it that far then i guess she will.but she also said it was my fault to and that it wasnt acciental but it was my story was true :) and im hopeing she not one of those type of ppl that try to get workmen comp etc.:eek:

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So her eye is watery, she missed NO work….

All that means then is…

A form was filled out (b/c it’s the law and while most business wouldn’t be bothered, I forgot, but a school probably follows the law).

She won’t get workman’s comp. because there was no injury.

A watery eye which lasted for a day?

A teacher once got a paper cut on some papers. Put a bandage on and that was it.

You will NOT be sued and since this was an accident, there will not be any criminal charges either. You apologizing was a good thing.

The answer to all of your questions is yes. That's not to ay that all the things you mentioned will happen but they could. On a more practical note, what the heck were you doing showing your alcohol tester to your friend during class? You spend 6, maybe 7 hours a day in school. That left you with 17 hours with which to show your buddy your alcohol tester. I hope you've learned a valuable lesson from this. Had it been one of your classmates instead of your teacher, you'd be even more liable for potential damages, mainly because a classmate can't collect worker's comp.

A laser beam is simply projected light that has been amplified and focused. If a person looks at a light beam at just the right angle it can cause damage.

However, the only way you could be held liable is if the device was something you were not supposed to have in school or you had been already told to put it away.

S_cianci you don't really understand that if I were to point a flash light in your eye would you honestly get hurt??

Ok to everyone that helped me to be more knowlegable towards this berden I had I would like to say thank you all of you.you have all help so much and I hope you all had good holidays and I didn't get sued for it it was resouvled in a simple apologie thank you to all of you who helped and if you would like to continue you can but this subject has been resolved

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Originally Posted by know it not

S_cianci you dont really understand that if i were to point a flash light in your eye would you honestly get hurt???

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I don't know, but I might. And if I though I could get a few thousand $$$ bonus out of it, you bet your life I'd go for it! After all, I've got a wife and 3 kids to feed! I can't totally vouch for Canada, but here in the U.S. we've become a very litigious society. People sue, sue, sue, whether they have "legitimate" cause to or not. And they get handsomely rewarded for their efforts. Just check with the McDonald's Corporation ; $$ millions for a clumsy old lady spilling a hot cup of coffee all over herself. I guess in all the years she's presumably been drinking coffee nobody ever told her it was hot! Now, in your case you're talking about a teacher who was "injured" due to your direct actions, with an object that is probably prohibited in school and/or class. And here in the U.S. school violence towards other students and/or teachers is a very serious subject and not taken lightly. Not that your actions were really violent but this teacher is going to try and play it up as much as possible, in order to fill her pockets as much as possible. I'm sorry to have to break it to you, but if you were an American student attending an American school, I'd say that you've put this teacher on a potential gold mine, at considerable expense to you and the taxpayers. That's why it's very important to guard your actions very closely in a public forum such as a school. If told to refrain from using a certain object or engaging in a certain behavior, do so immediately and don't make anyone have to tell you a second time. Rules are for your own protection, whether you realize it or not.

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Originally Posted by know it not

Ok to everyone that helped me to be more knowlegable towards this berden i had i would like to say thank you all of you.you have all help so much and i hope you all had good holidays and i didnt get sued for it it was resouvled in a simple apologie thank you to all of you who helped and if you would like to continue you can but this subject has been resolved

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Well, you're fortunate that the teacher was willing to be appeased so easily. Let it be a learning experience to you for the future regarding potential liability, whether you had any harmful intent or not.

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Originally Posted by s_cianci

I can't totally vouch for Canada, but here in the U.S. we've become a very litigious society. People sue, sue, sue, whether they have "legitimate" cause to or not.

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You make very good points if he was an American student, but alas, he is not.

Here in Ontario, we do not pay our teachers peanuts compared to what Americans pay.

I was told that the average salary for a teacher in the US is $35,000.

Here in Ontario, after you have been teaching for 10 years, your average/minimum salary is about $80,000

So teachers don't go around trying to over exaggerate claims.

Plus with worker's comp. she would be limited to a very huge degree.

Not to mention how the Supreme Court of Canada has capped pain and suffering to about $350,000.

Hi There,
First in almost any circumstance anyone who gets hurt on the job can get workers comp. The only reason someone may not be able would be if they intentionally do it to themselves. Most companies will try to fight only because their rates will go up. Now second; if he/she is trying to sue your parents that's a civil suit and anyone can try and I repeat try to sue anyone for any reason. If it goes to court the burden of proof that it was intentional or unitentional (carelessness or accident ) is on them. If they get workers comp it may or may not impact a civil suit. Most civil suits are jury and it's majority vote to win a case.