When a child is injured at school, it can be an overwhelming and distressing experience for both parents and students. In fact, around 25% of injuries among boys and 10% of injuries among girls happen in schools, according to 2021-2022 data from the AIHW. Further, research shows about 27% of Australian students in Years 4-9 experience bullying every few weeks or more often.
As a parent, understanding your legal rights and the compensation options available is crucial for protecting your child’s interests and ensuring they receive proper care and support.
Understanding School’s Duty of Care
Schools in Australia have a fundamental legal obligation to ensure student safety. This “duty of care” extends beyond just preventing accidents. Duty of care requires schools to take proactive steps to protect students from foreseeable harm. Recent cases have reinforced that this duty can extend beyond school grounds and regular hours.
When a child is injured at school, the first step in any compensation claim is establishing whether the school breached its duty of care. This means showing that the school failed to take reasonable precautions against a foreseeable risk of injury.
Types of School Injuries Eligible for Compensation
Schools must provide safe environments for learning and play. There are several common scenarios where a child is injured at school, and parents may be eligible to claim compensation.
Playground Accidents
Many injuries occur in playgrounds due to poorly maintained equipment, inadequate safety measures, or lack of supervision. Some common incidents include:
- Falls from playground structures due to faulty or broken equipment.
- Slips and trips caused by uneven surfaces or unsafe playground flooring.
- Injuries during organised play activities where supervision was inadequate.
Classroom Incidents
Accidents can also happen inside classrooms, particularly during practical lessons. Common cases include:
- Science laboratory accidents, such as burns or chemical exposure (e.g., the December 2024 Woy Woy science lab incident).
- Injuries from defective furniture, such as collapsing chairs or desks.
- Accidents during hands-on learning activities, such as in woodworking classes, where safety protocols were not followed.
Sporting Activities
Physical education classes and school sports events carry an inherent risk of injury. However, if these injuries occur due to negligence, a claim may be possible. Examples include:
- Inadequate supervision leading to dangerous play.
- Injuries due to lack of proper safety gear.
- Poorly maintained sporting equipment or unsafe playing surfaces.
Bullying and Violence
Schools must take reasonable steps to prevent bullying and physical violence. If a child suffers an injury due to inadequate supervision or failure to act on known bullying behaviour, the school could be held liable. Common cases include:
- Physical injuries caused by fights or assaults.
- Psychological trauma from sustained bullying, including cyberbullying.
- Incidents in areas with known bullying issues where no preventative measures were taken.
Proving Your Compensation Claim
To succeed in a claim when your child is injured at school, you need to establish three key elements:
Duty of Care Breach
You must prove that the school failed to meet its obligations by:
- Providing inadequate supervision.
- Maintaining unsafe premises or equipment.
- Failing to address known risks.
- Not following safety protocols.
Causation
It must be demonstrated that the school’s negligence directly caused your child’s injury. This often requires:
- Medical evidence linking the injury to the incident.
- Witness statements from teachers, students, or staff.
- Incident reports and documentation from the school.
- Expert testimony if necessary.
Significant Injury
A successful claim must show that the child suffered more than minor harm, such as:
- Physical injuries requiring medical treatment.
- Ongoing medical needs such as physiotherapy.
- Psychological trauma affecting their education and wellbeing.
- Educational disruption requiring learning assistance.
Types of Compensation Available
When a child is injured at school, various forms of compensation may be available, depending on the severity and long-term impact of the injury.
Medical Expenses
- Immediate treatment costs, including hospital visits and doctor consultations.
- Ongoing rehabilitation such as physiotherapy or psychological counselling.
- Future medical needs for severe or long-term injuries.
- Therapeutic support, including speech therapy or occupational therapy.
Educational Support
- Tutorial assistance if the child misses school due to injury.
- Special equipment or resources to aid their learning.
- Additional educational services such as personalised learning programs.
- Support for learning adjustments, especially for children with lasting disabilities.
Care and Assistance
- Professional care services if the child requires ongoing support.
- Family member support compensation for parents who need to take time off work.
- Modifications to the home environment to accommodate disabilities.
- Additional supervision needs for children with mobility issues.
Future Impact Compensation
- Loss of potential earning capacity for children with permanent disabilities.
- Long-term care requirements if the injury leads to chronic conditions.
- Compensation for permanent disability or impairment.
- Impact on the child’s overall quality of life and future opportunities.
Time Limits and Legal Process
Strict timeframes apply to school injury claims in Australia:
| State | Time Limit to Start Proceedings | Additional Notes |
| Victoria | 3 years from the date of the incident. 6 years for children and people with a disability. | Claims after this period are only allowed in special circumstances. |
| Queensland | 3 years from the date of injury. | Submit a Notice of Claim, whichever is sooner: ● within 9 months of injury, or ● 1 month of hiring a lawyer Delays must be justified. |
| New South Wales | 3 years from when you discover the injury was caused by negligence. | A 12-year long-stop rule applies from the date of the accident, even if you were unaware of the injury. |
| Western Australia | 3 years from the date of the accident. | — |
| South Australia | 3 years from the injury (or from when you became aware of it). | Submit: ● Initial notice of injury within 6 months ● Claim documents at least 90 days before 3-year limit |
What to Do if Your Child Is Injured at School
Immediate Response
- Make sure your child gets immediate medical care.
- Report the incident to school authorities.
- Document all details, including photos and witness information.
- Document all treatments and related costs.
Legal Consultation
- Seek expert legal advice promptly.
- Understand your rights and the compensation process.
- Begin the claim process if appropriate.
- Preserve all relevant evidence and documentation.
Ongoing Management
- Monitor your child’s recovery progress.
- Keep detailed records of expenses and treatment.
- Maintain communication with the school regarding investigations.
- Follow legal advice and proceed with necessary actions.
Special Considerations for School Injury Claims
Recent case law has established important legal principles:
- Schools must take positive steps to prevent foreseeable harm.
- The duty of care can extend beyond school grounds in certain circumstances.
- Student safety includes both physical and psychological protection.
- The “social utility” of activities (such as sports) must be balanced against risks.
Recent Case Law
The case of T2 (by his tutor T1) v State of New South Wales [2024] NSWSC 1347 has broadened the understanding of schools’ duty to protect students, extending it beyond school grounds and hours.
In this case, a 14-year-old student (T2) was severely assaulted by around 12 peers in a park near the school after hours in October 2017. The attack happened when T2 was led away from a bus stop by a group, including one student (XY) with a history of bullying and violence, who had recently returned from suspension. The school was aware that students gathered at bus stops after school, creating a potential risk of harm.
The NSW Supreme Court ruled that the State of New South Wales, which controlled the school, was negligent for failing to protect the student. The court found that the school’s duty of care extended beyond school hours and grounds, as the assault was closely linked to school activities. The school had not taken adequate steps to prevent the harm, such as implementing recommendations for XY’s return, including counselling and a risk assessment. As a result, T2 was awarded $1,754,040.15 in damages.
This decision highlights the responsibility schools have to take proactive steps to ensure student safety, particularly for vulnerable students. Schools must provide appropriate supervision, assess risks before reintroducing suspended students, and monitor those with a history of aggression. The court also recognised that the duty owed to school-aged children evolves as they mature. However, risks such as premeditated group attacks can be just as severe in older age groups.
Conclusion
When a child is injured at school, parents have clear legal rights to seek compensation for their losses and suffering. Understanding these rights and acting promptly is crucial for protecting your child’s interests and ensuring they receive appropriate support for recovery and future needs.
How We Can Help
At Gajic Lawyers, we understand the complexities of these cases and work tirelessly to achieve the best possible outcomes for injured children and their families. We offer:
- Free initial consultations
- No-win no-fee arrangements
- Expert knowledge of school injury law
- Compassionate, professional support throughout your claim
Remember, you’re not alone, and we are ready to help you secure the compensation you deserve. Don’t hesitate to talk to one of our Canberra Public Liability Lawyers, Brisbane Public Liability Lawyers, Adelaide Public Liability Lawyers, Perth Public Liability Lawyers, Parramatta Public Liability Lawyers or Cabramatta Public Liability Lawyers today.
