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Teachers’ school injury compensation payouts continue to rise (2 January 2014)

Date: 02/01/2014
Duncan Lewis, Immigration Solicitors, Teachers’ school injury compensation payouts continue to rise

New data from teaching union the Educational Institute of Scotland (EIS) has shown that in the last year teachers in Scotland have been awarded £300,000 in compensation for physical assaults personal injury (PI) claims, after being attacked by pupils.

The EIS figures show that a teacher with serious long-term injuries inflicted by a pupil received £130,000 in compensation – while another teacher received £7,000, after a pupil threw a school sign in her face and she sustained a detached retina.

Scotland has a different legal system from England and Wales, but in recent years there has not only been an increase in compensation claims made as a result of injuries sustained in assaults by pupils, but also for personal injuries as a result of accidents on school premises.

The NASUWT (The Teachers’ Union) estimates that in 2012, NASUWT members claimed £15.6 million for workplace injuries sustained in accidents on school premises. In 2011, teachers were awarded a total of £25 million in compensation for accidents in schools and injuries sustained in pupil assaults.

Teachers would normally make a claim against a Local Education Authority for injuries sustained in accidents or assaults.

Teachers may also be exposed to hazardous materials such as asbestos or even chemicals or chalk dust on school premises, however.

Teachers who have retired and used blackboards may develop symptoms of asbestos-related disease decades after they first used chalk, which can cause small particles of dust to lodge in the lungs.

Other conditions eligible for compensation could be injuries from lifting and carrying marking, materials or books in school, or to and from school; or even stress, anxiety or other mental health conditions linked to poor management of workloads, bullying in the workplace or student assaults.

The system of reporting accidents in schools across the UK can vary between England, Wales, Northern Ireland and Scotland – but teaching staff are advised to seek legal advice as soon as possible if they suffer injury at school.

Apart from physical assaults, other injuries eligible for compensation may include:

• Slips, trips and falls (eg on slippery or poorly maintained stairs or floors)
• Cuts or injuries from using equipment
• Fracture injuries
• Repetitive strain injury (RSI)
• Inhalation injuries (eg from hazardous chemicals)
• Preventable illnesses (Legionnaire’s disease from poorly maintained air conditioning)
• Burns and scalds as a result of poorly maintained equipment
• Back, neck and spine injuries resulting from poor assessment of working methods (eg desks and chairs at the wrong height).

Teachers’ unions can usually provide legal advice to their members, but teaching staff who do not belong to a teaching union who are injured or who suffer assault on school premises are advised to seek expert legal advice as soon as possible.

Duncan Lewis Personal Injury Solicitors

Duncan Lewis is a leading firm of personal injury solicitors – and is also one of the UK’s leading Legal Aid firms.

Duncan Lewis personal injury solicitors can advise on a wide range of accidents in the workplace, including accidents or injuries to teaching staff in school and colleges.

For expert legal advice on making a no win no fee claim for injuries sustained in a school accident, contact Duncan Lewis personal injury solicitors on 020 7923 4020.


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