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WorkSafe Victoria data reveals thousands of claims paid out to injured teachers and tertiary staff

Victorian educators are “under fire from aggressive schoolchildren and gangs”, leading to a rise in WorkSafe claims. Search our database to see all of the payouts.

Victorian teachers claim compensation after sustaining serious injuries

More than $50m has been paid out to Victorian teachers and tertiary staff who were injured on the job in the past two years, with experts blaming the ­“explosion” of compensation claims on aggressive students and staff bullies.

WorkSafe data obtained by the Herald Sun under Freedom of Information laws shows teachers from state and private schools, as well as tertiary and TAFE educators, made 1199 of claims in 2022 and 1468 claims in 2023.

The claims included teachers suffering psychological stress, concussions, fractures and even cases of deafness.

Some of the biggest payouts include more than $141,500 for psychological harm, $120,253 for head injuries and $103,000 for wrist injuries.

There was just over $25m in payouts in 2023, compared to $26.2m in 2022.

Carbone Lawyers partner and head of personal injury law John Karantzis said there had been an “explosion” of WorkSafe claims at schools.

“Teachers and support staff are under fire from aggressive schoolchildren and gangs,” Mr Karantzis said.

“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.”

Mr Karantzis said the Education Department and independent schools needed to provide better support and training.

“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.”

Michael*, 65, who worked at a government school in Melbourne’s north, sustained serious psychological and leg injuries in mid-2020 after breaking up two fights between rival female groups in the schoolyard.

“Two girls got into a massive punch-on and I tried to break up the fight. I put my arm out and one of the girls ran into me and took the full force of her weight,” he said.

“I didn’t fall but I felt something crack in my right knee.

Michael said he notified the school about the fight, but “nothing was done”.

“They failed in their duty of care.”

Staff member Michael* experienced life-changing injuries after intervening to break-up a schoolyard fight Picture: Brendan Beckett
Staff member Michael* experienced life-changing injuries after intervening to break-up a schoolyard fight Picture: Brendan Beckett

Michael said he was then injured on the same day after being forced to intervene in another altercation between two female pupils.

He said he felt unsafe due to youth gangs that would frequently enter the schoolyard.

“They would have knives, knuckle dusters and their biggest defence was that they would ring up their friends who would show up to the school in a car.

“One of the worst things I saw was a year 9 boy having his head stomped by a group of students.

“This has had a traumatising impact on me … It’s not going to go away and I’ve had to do a lot of work with a psychologist to rebalance my life.”

Michael, who has had two surgeries and full knee replacements, is now awaiting a payout of more than $320,000 in compensation after seeking help from Carbone Lawyers.

Meanwhile, another law firm, Arnold Thomas & Becker has received almost 100 inquiries in the past year relating to teacher injuries while working including psychological and physical harm.

In July, the law firm settled a matter for $700,000 in a case where a schoolteacher sustained physical injuries at work due to lack of safety protocols and correct equipment in place by the school.

One of their clients, regional primary school teacher Julie*, who injured her vertebrae after tripping due to the school providing an unsafe environment, said her whole life had been “turned upside down” after the incident.

“It’s affected everything from my physical to mental wellbeing, my life will never be the same,” she said.

Legal experts warn there has been an ‘explosion’ of WorkSafe claims at schools for incidents of violence and aggression.
Legal experts warn there has been an ‘explosion’ of WorkSafe claims at schools for incidents of violence and aggression.

Arnold Thomas & Becker lawyer Nancy Yonan said there was a growing “workplace safety crisis in our schools”.
Ms Yonan said many teachers did not report incidents out of fear of repercussions.

A WorkSafe spokeswoman said teachers played an essential role in our communities.

“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,” she said.

A Department of Education spokesman said: “Victoria leads the nation in supporting health and wellbeing for principals and school staff and we have invested more than $200 million since 2018 to support health, safety and wellbeing risks in schools.”

“Victorian schools have zero tolerance for violence and take strong action against those who compromise the safety of our schools,” he said.

“This year, a further $63.8m was invested to improve mental health and wellbeing support for school staff, including an OHS Mental Health Advisory Program to help reduce the risk of mental injuries in schools.”

Australian Education Union Victorian branch president Meredith Peace said the figures indicate school staff are not being kept safe at work.

“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,” she said.

Australian Primary Principals Association president Angela Falkenberg said every teacher and staff member had the right to go to work and come home safely.

“Anytime there is an injury it is concerning … We’re all invested to ensuring that these incidents can be prevented, feeling safe is a universal right,” she said.

WorkSafe data can vary year-on-year as claim costs continue to develop over time.

*Names have been changed.

Originally published as WorkSafe Victoria data reveals thousands of claims paid out to injured teachers and tertiary staff

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Original URL: https://www.themercury.com.au/news/victoria/worksafe-victoria-data-reveals-thousands-of-claims-paid-out-to-injured-teachers-and-tertiary-staff/news-story/f8df9bd1ba4070c087f2ae89e6b98849