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Gun safety class injury qualifies for workers comp

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Oops – butterfingers. Getting shot while teaching students about gun safety is a workplace injury worthy of workers comp coverage — at least in Dalworthington Gardens, Texas, population 2,259.

Former Dalworthington Gardens Police Chief Bill Waybourn was accidentally shot in the right hand in June 2013 while teaching a concealed handgun class, which trains students on deadly force, dispute resolution, gun safety and storage, and other firearm-related activities and applicable gun laws.

His injury required surgery paid for through a workers comp claim, a decision that city officials made because Mr. Waybourn was conducting a city-approved outreach training program. However, this decision has come under fire as Mr. Waybourn runs for Tarrant County Sherriff, with questions raised about whether this was truly a workplace safety incident that warranted coverage.

Two days after the shooting, Mr. Waybourn checked “yes” on a city form that asked if he was doing his regular job, marking the first step toward filing a workers comp claim. Mr. Waybourn said the shooting occurred after a student’s gun “stovepiped” — a term used for when a round does not completely eject — right when he was about to show the student how to clear the gun.

Dalworthington Gardens City Attorney Jim Jeffrey confirmed that there had been an understanding — but no written policy — between the city council and Mr. Waybourn that the chief could provide concealed handgun classes as a community service.

“When the report of injury came in, the question of whether he was covered under workers compensation came up,” Mr. Jeffrey said. “My position is if he was on an approved city activity and this was reported to the workers comp carrier, it would be up to the carrier to decide whether to provide workers comp coverage.”

Mr. Jeffrey said the policy of allowing Mr. Waybourn to teach these classes was not questioned after the shooting, nor does he have knowledge of the city requiring students to sign liability waivers.

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