Summary:
This WorkCover case involves a teacher’s aide who sustained injuries when they were forcefully pushed in the back by a student, leading to physical and psychological injuries. The legal arguments centred on the employer’s duty of care to provide a safe working environment.
Key Points:
- The plaintiff was employed as a Student Support Worker.
- She sustained injuries when a student forcefully pushed her in the back, injuring her spine and causing psychological trauma.
- The claim alleges the employer failed to provide adequate support and address safety concerns about this particular student, which had previously been raised.
Case Details:
The woman, aged in her 50s, was employed as a Student Support Worker (Teacher’s Aide) at a State School in Regional Victoria.
On the day of the incident, she was rostered on yard duty during recess. An altercation had broken out between two students, and she went to intervene. During this intervention, one of the students forcefully pushed the woman in the back, causing her to fall and sustain injuries.
The Teacher’s Aide suffered physical trauma to her spine and psychological injuries. She has received ongoing treatment for these injuries, including physiotherapy, pain management programs, and medication.
The injuries have significantly impacted her life, causing ongoing pain, limiting their mobility, and affecting her ability to perform daily tasks and engage in social activities.
Carbone Lawyers, acting for the woman, claimed that the employer, the Victorian Department of Education and Training, failed to provide a safe working environment. They argued that the school administration had not provided the Teacher’s Aide with adequate assistance during yard duty and that concerns about student behaviour that she had raised with her managers on several occasions had not been adequately addressed.
Outcome:
In addition to her WorkCover entitlements, the woman received a damages settlement of several hundred thousand dollars.
