A former Archdiocese of Omaha employee who says she suffered psychological injuries during an unannounced active shooter drill cannot sue over the incident because of workers compensation exclusive remedy, the Nebraska Supreme Court has ruled.
The high court on Friday said a lower court correctly found the woman’s lawsuit was barred by workers comp and that the plaintiff’s claim that her suit should be permitted because her employer acted with specific intent to injure her was without merit.
The woman, who worked for Catholic Charities of the Archdiocese of Omaha, said she was given no advance notice of a May 2022 active shooter drill, and that she was traumatized by the sounds of gunfire that turned out to be part of the mock shooting.
Her employer later told her “it was all play-acting and a safety drill … to see how people reacted,” the court ruling states.
The plaintiff claimed she suffered depression and a back injury after jumping off a retaining wall during the incident. She sued for assault and intentional infliction of emotional distress.
The lower court said workers comp was the exclusive remedy, and the state Supreme Court agreed, writing that while some courts across the country have allowed employees to sue their employers in psychological-only injury cases, this case also involved a physical injury, making workers comp the sole remedy.