Sometimes teachers and teaching assistants suffer a personal injury at work after being assaulted by pupils. In those circumstances, they may want to consider hiring a personal injury solicitor to pursue a claim for compensation.
In one recent case, a teaching assistant was assaulted whilst supervising pupils at lunchtime. Most staff at the school were trained to deal with the challenging behaviour of some pupils but in order to use restraining techniques, a minimum of two trained staff members need to be present.
Usually, three people supervised lunchtime activities but on the day of the assault, only two were present. The victim was attacked unexpectedly by a pupil and dragged into a corridor. The other staff member on duty had not been trained in restraint and went to find help.
The teaching assistant suffered a fractured wrist and some damage to her ligaments. She had to take time off work and needed help from family members to do some day-to-day tasks.
After the incident, the victim contacted a firm of lawyers with experience in handling work accidents. A personal injury claim was lodged against the employer, who denied liability for the accident.
The case went to court and the Judge found that the school had breached their duties by not conducting a proper risk assessment on the behaviour of the children and failing to provide adequate, trained cover over the lunch time break period. The Judge went on to award the teaching assistant personal injury compensation of £5,600.