What you need to know

A significant element of the Stand Up for Quality Education campaign is our ongoing work, with the support of our EIS Health and Safety Representatives, School Branch Representatives and local activists, in addressing rising levels of violent and aggressive pupil behaviour to ensure schools become safe places for all.

Personal injury claims are an important element of the response of the EIS when members experience avoidable injury due to unsafe workplaces, by holding employers to account for health and safety failures and providing a means for EIS members to seek compensation for injuries sustained due to the negligence or wrongful actions of others.

For teachers and lecturers, understanding the nuances of personal injury claims is important, especially in the context of violent and disruptive pupil behaviour.

This article aims to provide an overview of personal injury claims, including what they are, the time limits for raising a claim, and the importance of reporting incidents to the police, particularly in cases of violent assault from pupils.

What Are Personal Injury Claims?

Personal injury claims arise when an individual suffers harm due to the negligence or intentional actions of another party. These claims can cover a wide range of incidents, including workplace accidents, slips and falls, and violent assaults.

The primary goal of a personal injury claim is to secure compensation for the injured party to cover medical expenses, lost wages, pain and suffering, and other related costs including any lost future earnings due to incapacity caused by the injury in question.

Types of Personal Injury Claims Relevant to Teachers and Lecturers

Workplace Accidents: Injuries sustained while performing job-related duties, such as slips, trips, and falls within or around the school premises.
Violent Assaults: Injuries caused by physical attacks or violent behaviour from children or young people or others within the workplace.
Stress claims: Psychological injury caused by a failure of the employer to alleviate workplace stress.

To date there have been no successful claims in a Scottish court, against any employer, for workers suffering from stress although claims, including those instructed by the EIS, have been settled out of court.

Claimants are required to provide evidence of a psychiatric illness (such as depression or anxiety) and it is advisable to mention explicitly to your healthcare provider if you believe that work is the source of your ill health and to keep your health record updated if there are changes to your circumstances.

Time Limits for Claiming

The time limit for filing a personal injury claim is 3 years. EIS advice is to raise a claim as soon as possible after the incident when memories are fresh and evidence can be gathered (such as photographs of injuries, the location of the incident or condition of the floor/pathway etc).

If members have been injured as a result of a violent crime, they may be eligible to make a claim through the Criminal Injuries Compensation Authority (CICA). It is important to note that for there to be a successful claim the incident must be reported to the police as soon as possible after the incident and that the time bar for these claims is 2 years from the date of the incident.

Importance of Recording all Injuries and Reporting Violent Assaults to the Police

At the time of the incident, victims should seek help and support from colleagues. The incident should be reported to school management and the victim should ensure that the incident is recorded in the accident book, and if applicable, the local authority’s Violent Incident Recording form and reported to the police.

School management can assist by bringing police officers to the workplace to interview the victim and witnesses rather than putting the onus on the victim to report the matter to the Police at the end of the working day in their own time. Members of the public (including teachers and lecturers) always have the right to report any violent assault to the police and should not be dissuaded from doing so.

Incidents must be reported to HSE under RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) in circumstances where the victim has been incapacitated and is absent from work for more than seven consecutive days. In addition, a record of the incident must be recorded by the employer if the victim has been incapacitated for more than three consecutive days.

EIS Personal Injury Claim process

As part of your membership, the Institute will raise an action against the employer subject to the terms of the EIS Protocol on Case Handling.

Contact your Branch, Health and Safety Representative or Local Association Secretary who will provide you with the appropriate EIS Personal Injury Claim form (violence, health, stress or injury). It is important that you complete all sections of the form and provide copies of any photographs you have. Claim forms are submitted directly to the EIS Employment Relations Department where all casework matters are treated confidentially.

The Institute engages personal injury legal specialists who consider the claim initially and get in touch with you directly to make initial investigations. Depending on the type of claim, the investigation process might include speaking to witnesses, obtaining a legal opinion on the prospects of success of a claim or medical reports to understand the extent of the injury.

Some claims can be complex, and the investigation stage may take many months. Your employer (or their insurance company) may attempt to defend their actions but you will be kept informed during the process. It is worth noting that some claims can take many years to resolve which is why EIS members are encouraged to submit claims as early as possible.

Remember, timely action and proper documentation are key to a successful personal injury claim. If you have any questions or need further assistance, do not hesitate to seek from your EIS Representatives or Local Association Secretary.