Data shows increasing number of personal injury claims made by injured educators

Claire Halliday
Claire Halliday
Legal experts warn that teacher compensation claims are rising because of staff bullies and aggressive students.

Victorian teachers and tertiary staff who were injured on the job in the past two years have been paid out more than $50 million, with experts blaming the ­boom in compensation claims on the increasing issues of staff bullies and aggressive students.

WorkSafe Victoria data reveals teachers from public and independent schools across the state, as well as educators at tertiary and TAFE institutions, made 1199 claims in 2022 and 1468 claims in 2023. These claims included teachers citing concussions, cases of deafness, fractures and psychological stress.

Larger payouts made during these periods include more than $141,000 for psychological harm, $103,000 for wrist injuries and $120,000-plus for head injuries, with just over $25m paid out in 2023, compared to $26.2m paid out in 2022.

John Karantzis is head of personal injury at Carbone Lawyers and says Victorian schools have recently experienced an “explosion” of WorkSafe claims.

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He says both teachers and support staff are “under fire from aggressive schoolchildren and gangs”.

“Just recently, we had a case where a student pulled a knife on him and held it to his throat. Teachers are also experiencing psychological harm, including bullying from students and staff.”

More support and education needed

Karantzis believes that the Victorian Education Department and independent schools need to provide better training and support for educators and other staff.

“Unfortunately, we’re seeing time and time again that staff are not being trained to manage these types of violent and aggressive situations, and as a result they are suffering serious long-term injuries.”

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Law firm Arnold Thomas & Becker has also reported an increase in claims, with more than 100 enquiries throughout the past twelve months relating to teacher injuries – including physical and psychological harm – while working.

In July this year, they were involved in the $700,000 settlement of a matter in a case where a lack of safety protocols and correct equipment at the school led to a schoolteacher sustaining physical injuries at work.

Lawyer Nancy Yonan describes a growing “workplace safety crisis in our schools” and says many teachers don’t report incidents because of concerns around workplace repercussions.

A WorkSafe spokeswoman says teachers play an essential community role, adding that “Victorian employers, including those in the education and training industry, must do everything they can to protect both the physical and mental health of their workers”.

But Australian Education Union Victorian branch president Meredith Peace says the figures show that school staff are not being kept safe at work.

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“The state government gutted WorkCover and removed the safety net for teachers, principals and education support staff who suffer a psychological mental injury in the workplace, without providing the necessary additional resources to prevent psychological harm from occurring in the first place,” Peace says.

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Claire Halliday has an extensive career as a full-time writer - across book publishing, copywriting, podcasting and feature journalism - for more than 25 years. She lives in Melbourne with children, two border collies and a grumpy Burmese cat. Contact: claire.halliday[at]brandx.live