A teacher is assaulted after leaving school. What determines the compensability of her injury?

• A. The injury is not compensable due to the going and coming rule
• B. The injury is not compensable as it did not occur on school property
• C. The injury is not compensable because it does not fit recognized exceptions
• D. The injury is compensable because employment posed a special risk

Answer: (D)

The reason why the injury is compensable is primarily based on the fact that the teacher's employment created a special risk that led to the assault. Normally, injuries that occur during the commute to or from work may not be compensable under the going and coming rule, which generally states that an employee is not covered for injuries sustained while traveling to or from work. However, in cases where the nature of the job itself exposes the employee to specific risks, such as violence or harassment related directly to their workplace duties, the injury can be considered compensable.

In this situation, if the assault is directly linked to her role as a teacher—perhaps due to an incident involving a student or a parent—it demonstrates that her employment placed her in a unique situation where the risk of assault was heightened. This aligns with the principle that if an employee's work presents specific hazards that are not present in regular commuting, their injuries may indeed be compensable, as they arise out of and in the course of employment.