School injury claims: A guide to compensation and liability

Frequently Asked Questions about school injury claims

• Who pays if my child is injured at school in NSW?

  If a school injury claim is successful in New South Wales, compensation is usually paid by the school’s insurance provider: For government schools, the claim is generally handled by the NSW Department of Education. For private schools, the claim is typically made against the school’s governing body or board. For Catholic or Anglican schools, the claim is usually made against the relevant diocese or church authority responsible for the school. In practice, this means you usually deal with the school or its insurer, not paying out of pocket yourself. Understanding who is responsible helps you know how a claim works and who to contact.

• How long do I have to make a school injury claim?

  In most states, a compensation claim must be commenced within three years of the date of injury. Where the injured person is a child, the limitation period generally does not begin until they turn 18, meaning a claim may be brought up until the age of 21. Seeking legal advice as soon as possible will help ensure these deadlines are understood and protected.

• Can you sue a school for a playground injury?

  Yes. Playground injuries are among the most common types of school injury claims. Where it can be established that the school failed to maintain equipment, provide adequate supervision, or address a known hazard, a compensation claim may be available. 

  GMP Law has acted for clients in school injury claims involving playground and classroom accidents, including a six-year-old girl who suffered a severe eye injury after slipping on laminated paper on a classroom floor. Her claim settled for $70,000 plus legal costs.

• Can I claim if my child was partly at fault?

  If your child’s actions contributed to what happened, this is known as contributory negligence. It doesn’t stop you from making a claim, but it can reduce the amount of compensation your child receives.

  How much it affects the outcome depends on the situation. For example, younger children are generally not expected to recognise risks in the same way older students are. A school may still be responsible if it failed to properly supervise students or manage a known hazard.

  In practice, this means responsibility can be shared. Even if your child played a part in the incident, you may still have a valid claim, especially if the school could have done more to prevent it.

   

• Can I claim if my child was injured on a school excursion or camp?

  Yes. Schools have a duty of care to students during excursions, camps, and other off-site activities. If an injury occurs due to inadequate supervision, poor planning, or a failure to properly assess risks, a compensation claim may be available.

   

• Can you sue a school for a sports injury?

  Yes, in some circumstances. While sport involves inherent risks, a claim may be possible where the school failed to provide appropriate supervision, enforce safety rules, or ensure that equipment and facilities were safe.

   

   

• What evidence do I need to make a school injury claim?

  Useful evidence can include incident reports, photographs of the area or hazard, witness details, medical records, and any correspondence with the school. Evidence of prior complaints about the same issue, or available CCTV footage, may also support a claim.

   

• Can a parent claim for time off work or care provided to the child?

  In some cases, yes. A parent or carer may be able to recover the reasonable value of care provided to an injured child, as well as income lost due to taking time off work. This can include time spent attending medical appointments, providing ongoing care, or supporting recovery.

  What can be claimed will depend on the circumstances of the injury and the applicable law in your state.