School Injury Claims
Compensation Law
Understanding a school's duty of care to your child
When you send your child to school or an early learning centre, you trust that they will be kept safe. In Australia, every school has a duty of care to protect its students from reasonably foreseeable harm. This duty applies whether your child is in the classroom, on the sports field, at a school camp, or attending an excursion. Teachers and staff must take reasonable steps to ensure students are safe and adequately supervised at all times.
A failure to uphold this duty can have devastating consequences. When a student is injured due to a school’s failure to take proper care, families may be entitled to bring a compensation claim.
Childcare injuries and early learning centre negligence
Childcare centres, kindergartens, and early learning services are responsible for:
- Maintaining a safe physical environment
- Ensuring children are adequately supervised at all times
- Identifying and managing hazards and dangerous objects
- Implementing appropriate safety systems and staff training
When a childcare provider fails to meet these obligations and a child is seriously injured, families may be entitled to pursue a childcare negligence or public liability claim.
Recent cases in Queensland have highlighted the devastating consequences that can arise when supervision failures or inadequate safety controls allow dangerous items or hazards to come into contact with young children. These incidents reinforce that early learning providers must be proactive in preventing risks – particularly where injuries are foreseeable and preventable.
Not every incident at childcare will amount to negligence. However, a claim may arise where an injury occurs because reasonable care was not taken.
When can a school be found negligent?
Not every accident at school amounts to negligence. For a claim to succeed, it must be proven that the school failed in its duty of care and that this failure caused the injury.
Examples of school negligence include:
- Lack of proper supervision in classrooms, playgrounds, or during sporting activities
- Unsafe school grounds, defective equipment, or poorly maintained facilities
- Failure to act on bullying, harassment, or violent behaviour
- Negligent organisation of excursions, camps, or sporting events
- Inadequate risk assessments for activities
If your child’s injury could have been prevented had reasonable care been taken, the school may be legally responsible.
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No Win, No Fee
At Attwood Marshall Lawyers, we take on all compensation claims on a No-Win, No-Fee basis.
That means there are no upfront costs, and you can get your claim underway as soon as possible.
If you don’t succeed in your claim, you won’t have to pay any legal fees.
Do all school injuries lead to a compensation claim?
It’s important to understand that not every student injury gives rise to a claim. Children can be injured in accidents that are often beyond anyone’s control. To pursue compensation, you must establish negligence — that the school failed to take reasonable precautions, and that this failure directly caused the injury.
Public liability insurance is what most schools (and education departments) carry to respond to claims. But the insurance doesn’t cover every injury — it only responds when negligence is established.
For example:
- ✅ Covered: A broken arm from falling off unsafe playground equipment that the school failed to maintain.
- ✅ Covered: A serious head injury during sport where the school failed to provide proper supervision or protective equipment.
- ❌ Not Covered: A scraped knee from an accidental fall in the playground where supervision and conditions were reasonable.
So, while “public liability” is the mechanism through which claims are paid, it still requires the injured person, or their legal representative, to prove that negligence occurred.
A parent's right to bring a claim on behalf of their child
Children are not legally able to bring proceedings themselves; therefore, a parent or guardian can act on their behalf. This means you can start the claim process to secure compensation for your child’s injuries and their future needs.
What compensation is available for a school injury?
Compensation for school injury claims may cover:
- Medical treatment expenses (past and future treatment)
- Rehabilitation and therapy
- Pain and suffering
- Loss of enjoyment of life
- Future support and care needs
- Economic loss if the injury impacts the student’s long-term ability to work
Every case is unique, and the amount awarded depends on the severity of the injury, its impact on the child, and its potential long-term effects.
The process of making a school injury claim after an accident occurs
While every matter is unique, the general process involves:
- Speaking with a compensation lawyer to assess whether the school breached its duty of care
- Gathering evidence about the injuries sustained, including medical records, witness statements from school students, parents, or other staff members, and school accident reports
- Negotiating with the school or its insurer
- Starting court proceedings if a fair settlement cannot be reached
Most claims resolve through negotiation without the need for trial.
Jurisdictional differences: QLD, NSW & VIC
The law around school duty of care and negligence is similar across states, but there are key differences in limitation periods, thresholds, and damages caps to be aware of. For example:
Queensland | New South Wales | Victoria |
Strict timeframes apply, but children may have additional time to bring a claim. | The Department of Education generally defends public schools and legal requirements differ slightly. | The Wrongs Act imposes specific thresholds for pain and suffering claims. |
Seeking legal advice from a lawyer who practises in your state and in this complex area of law is crucial.
FAQs
Yes. If your child was seriously injured at a childcare centre or early learning facility due to inadequate supervision, unsafe conditions, or another failure in duty of care, you may be able to pursue a negligence claim. Each case depends on whether reasonable precautions were taken to prevent foreseeable harm.
Yes, if the injury occurred because the school failed to provide adequate supervision, safe equipment, or proper risk management, you may be eligible to file a compensation claim.
No. Children often hurt themselves even when staff have taken reasonable precautions. To be successful, you must show that the school was negligent and that this caused the injury.
Sport involves risk, but schools must still provide proper supervision, safe equipment, and appropriate rules. If they fail in this duty and an injury results, a claim may be possible.
Yes. A school’s duty of care extends to activities outside the classroom. Excursions and camps must be properly planned and supervised to prevent reasonably foreseeable harm.
Schools have a responsibility to manage and respond to bullying and violence. If they fail to act, and your child suffers harm, this may amount to negligence.
A parent or guardian usually brings the claim on behalf of their child. The compensation is for the child’s benefit, but since minors cannot bring legal action themselves, parents act on their behalf.
Time limits to bring a claim vary between states, but generally, claims should be made as soon as possible. Once a time limit period expires, a defendant can generally raise a defence that the claim cannot proceed.
In many jurisdictions, courts have some limited discretion to extend the time in exceptional cases.
In most states, if the injured person is under 18, the limitation period does not usually begin to run until they turn 18.
This means the child often has until at least their 21st birthday to bring proceedings.
Even if the child technically has more time, parents or guardians should bring a claim on the child’s behalf much earlier.
Courts and insurers strongly encourage early claims because evidence is fresher, the child’s treatment and recovery needs can be adequately funded, and pre-court notice requirements still apply regardless of age.
Time limitations in QLD: For minors, the limitation period is suspended until the individual’s 18th birthday. However, a notice of claim must be made under the Personal Injuries Proceedings Act (PIPA) within 9 months of injury or 1 month of instructing a lawyer. Therefore, parents must act quickly, even if the limitation clock is paused.
Time limitations in NSW and VIC: The three-year limitation does not start until the individual turns 18.
Child abuse cases are treated differently from personal injury claims. In all jurisdictions, time limitations have been abolished for child abuse claims. This means survivors of physical or sexual abuse at school can bring a claim at any time, regardless of their age or how long ago the abuse occurred.
Public liability insurance is in place to cover injuries caused by negligence. If the school was not negligent, the insurer is unlikely to pay compensation.
Yes. These cases are complex, and schools (or the Department of Education in public school cases) often defend claims vigorously. A lawyer can assess if negligence occurred and help secure fair compensation.
While schools and childcare centres operate under different regulatory frameworks, both are commonly covered by public liability insurance, and both require proof of negligence to succeed in making a claim.
The key differences include:
- The age and vulnerability of the child
- Staffing ratios and supervision expectations
- Regulatory standards specific to early learning environments
Because these claims can be complex, it is important to seek advice from a lawyer experienced in child injury compensation claims, including injuries occurring in childcare, kindergarten, and school settings.
No Win, No Fee School Injury Claims
At Attwood Marshall Lawyers, we take on all compensation claims on a No-Win, No-Fee basis. That means there are no upfront costs, and you can get your claim underway as soon as possible. If you don’t succeed in your claim, you won’t have to pay any legal fees.
A school injury can change a child’s life forever. If your child has been injured at school, on an excursion, or during a school activity, and you believe it could have been prevented, it’s important to understand your rights.
We help parents and families hold schools accountable and secure the compensation children need for their recovery and future.
Contact our friendly team today.
