Can I Claim Compensation If My Child Is Injured At School?

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When children go off to school each day there is an expectation that they will be kept safe but unfortunately, accidents and injuries can occur when your child is out of your care. This can be a conflicting time for parents and guardians who may feel they are entitled to compensation but aren’t sure how to take action against the school or those responsible. Here is what you need to know about making a claim for compensation if your child is injured while they are at school.

What are a school’s responsibilities in keeping children safe from injury?

Students are owed a duty of care by their school to ensure their well-being and safety are protected and that they will not be injured during the course of the day.

Although it is fairly common for kids to trip over their own shoelaces or receive a small bruise or bump while playing at lunchtime, injuries caused by another party’s negligence are not commonplace and it is within the school’s duty of care to provide an environment where injury-causing accidents cannot occur.

To this end, in order to successfully claim compensation, you will need to be able to prove the accident could have been prevented by the school or a teacher or other member of staff who owe your child a duty of care because of their position.

What steps should I take if my child is injured at school?

After the incident, it is important to ascertain as much information as possible about how it occurred. You will need to be able to produce evidence as to how the school acted negligently and how the accident could have been prevented.

Ask your child to provide a detailed recount of what happened and write down their story plus any information on how the school responded to the accident and injury. If possible, seek accounts from any teachers, students or other witnesses to the accident, including photos or videos.

How are injuries sustained by children at school?

The most common accidents that occur at school and cause injuries are those involving uneven playgrounds, unsafe play equipment, other children acting recklessly and unsupervised play.

What types of injuries occurring at school may be eligible for compensation?

There are many types of injuries that may be sustained at school, including:

  • broken bones;
  • cuts and bruises;
  • head injuries;
  • sprains and strains; and
  • dislocated joints

all of which can be incredibly distressing for a child, and for a parent or guardian to see happen to their child. These types of injuries can sometimes require many months of treatment and healing. In cases where a child is being bullied at school, if any of the aforementioned injuries occur the child may be eligible for compensation as well as for psychological injuries suffered as a result of the bullying.

Am I within my rights to bring a claim for compensation against my child’s school?

When a person is injured due to negligence by another party they are within their rights to make a claim for compensation to cover expenses related to the injury, their healing and any other loss or suffering caused by the injury or actions of the negligent party. A parent or legal guardian is able to bring a claim on behalf of their child.

How do I make a compensation claim?

It is highly recommended that you seek legal advice when making a claim for compensation, particularly in a case which concerns your injured child and which can be fraught with emotion.

A personal injury lawyer in Cairns can walk you through the procedure and help you to pull together a strong case and they can also assist in managing the strict and important deadlines, ensure all the appropriate and essential forms are completed and lodged, guide you on the likelihood of compensation and provide you with a thorough overview of your position so you can make a decision regarding your claim.