When your child is injured at school, your priority is their recovery. But once you’ve addressed the immediate concerns, you may start asking whether the injury could have been prevented, who may be responsible, and whether your child is entitled to compensation.
As the leading personal injury lawyers in Perth, CLP Legal can help parents understand their options and determine whether there may be grounds for a claim. This guide explains what compensation may be available and what parents should consider after a school-related injury.
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Understanding a School’s Duty of Care
Schools have a duty to take reasonable care of students while they are under the school’s care. This may include providing appropriate supervision, maintaining reasonably safe facilities and equipment, and taking reasonable steps to manage foreseeable risks.
If a school fails to take reasonable care and this contributes to a child’s injury, there may be grounds for a compensation claim. However, an accident at school does not automatically mean the school is legally responsible.
Types of School Injuries Eligible for Compensation
Children can suffer many different injuries at school, but not every accident will result in a compensation claim. Potential claims may arise where an injury is linked to negligence or a failure to take reasonable precautions.
Common situations may include:
Playground Injuries
Example: A student breaks their arm after falling from playground equipment that had a known defect that was not repaired or appropriately restricted from use.
Sporting Injuries
Example: A serious head injury during a school sporting activity where appropriate supervision or safety measures were not provided.
Unsafe School Facilities
Example: A student falls and suffers an injury because of a damaged or hazardous walkway that should have been repaired or made safe.
An injury occurring at school does not automatically mean the school is legally responsible. For a compensation claim to succeed, there generally needs to be evidence establishing the relevant duty of care, a failure to take reasonable care, whether the injury could have been foreseen and a connection between that failure and the child’s injury.
Types of Compensation Available
The type and amount of compensation available will depend on the child’s injury, its impact and the circumstances of the claim.
| Potential Compensation | What It May Cover |
| Medical and Treatment Costs | Medical appointments, medication, physiotherapy, rehabilitation and other reasonable treatment expenses |
| Future Care and Treatment | Ongoing medical treatment, rehabilitation or assistance that may be required |
| Pain and Suffering | The physical and psychological impact of a serious injury, where applicable under WA law |
| Future Earning Capacity | The potential impact of a significant injury on the child’s future ability to work and earn an income |
Can a Parent Claim on Behalf of Their Child?
Children generally cannot bring legal proceedings themselves, so a parent or guardian may act on their behalf when pursuing a personal injury claim. This allows you to seek compensation for your child’s injury and consider their current and future needs.
Claims involving children can have additional legal requirements, including potential court approval of a settlement. Obtaining legal advice can help ensure your child’s interests are properly considered.
Before accepting or negotiating a settlement, it is important to obtain legal advice so you understand the process and how it may affect your child’s rights. CLP Legal can help parents understand their options and navigate the claim process.
Proving Negligence
To pursue a school injury compensation claim, it is generally necessary to establish that another party owed the child a relevant duty of care, failed to take reasonable care and that this failure contributed to the injury.
Evidence can be important in establishing what happened and whether negligence may have occurred. This may include:
- Medical records and treatment documents
- School incident reports
- Photographs of the accident location or hazard
- Witness information
- Correspondence with the school
- Records of expenses associated with the injury
- Information about the child’s recovery and ongoing symptoms
The circumstances surrounding the incident should be carefully considered before determining whether there are grounds for a claim.
What Should You Do After a School Injury?
Taking the right steps after an accident can help preserve important evidence and protect your child’s interests.
- Seek appropriate medical treatment.
- Report the incident to the school.
- Keep medical records, receipts and treatment information.
- Take photographs of the location or hazard where appropriate.
- Record what your child remembers about the incident.
- Keep relevant correspondence with the school.
- Seek legal advice if you believe another party may be responsible.
Even if the injury initially appears minor, keeping records of your child’s recovery can be important if complications or ongoing symptoms develop.
No Win, No Fee School Injury Claims
If your child was injured at school, you may have questions about their rights and potential compensation. CLP Legal can assess your circumstances and explain your legal options.
Contact us today to discuss your child’s injury claim.
