Getting a call from your child’s school about an injury is every parent’s nightmare. Whether it’s due to a playground fall, sports accident, or bullying, your priority is your child’s safety and recovery. But once the immediate concern eases, many parents ask: Should this have happened at all?
In Victoria, schools have a legal duty to protect children from harm. If that duty is breached and results in injury, you may be entitled to compensation. Carbone Lawyers has helped families across the state understand their rights and access support after preventable school-related injuries.
Discover when compensation might apply, who could be held responsible, and what steps you can take to protect your child’s wellbeing. Because when your child is hurt, you deserve more than apologies, you deserve support and answers.
Common Ways Children Get Injured at School
Not every scraped knee is cause for concern, but many school injuries are preventable. When a child gets hurt due to unsafe conditions, lack of supervision, or neglect, there may be grounds for a compensation claim. Here are common examples:
- Playground Falls: Broken or poorly maintained equipment, hard surfaces with no soft-fall protection, or lack of supervision can all lead to serious injury.
- Sports and PE Accidents: Injuries from unsupervised activities, aggressive play, or improper use of equipment during structured sports sessions.
- Slips, Trips and Falls: Wet hallways, cracked paths, and loose tiles in bathrooms or stairwells that haven’t been repaired.
- Bullying and Physical Assault: Situations where schools ignore or fail to respond to repeated reports of bullying, leading to physical or psychological harm.
- Unsafe School Infrastructure: Hazards such as exposed wiring, rusted fences, or unstable seating areas.
Not Every Injury Leads to Compensation, but Many Should Be Investigated
Sometimes accidents are unavoidable. But when they come from negligence, inaction, or foreseeable risks, it’s a different matter.
If something went wrong and your child suffered as a result, you have the right to find out whether the school failed in its duty. Speaking with a lawyer doesn’t commit you to legal action, it simply helps you understand your options.
When the School or Education Department May Be Liable
Under Victorian law, schools owe a legal duty of care to their students. That means they are required to take reasonable steps to prevent foreseeable harm, not just during class, but during recess, school sport, excursions, and any time the child is under their care.
Responsibility may rest with:
- The school as an institution
- Individual staff, such as teachers, principals, or aides
- The Department of Education (for public schools)
- Third parties, such as contractors or coaches engaged by the school
Examples of breached duty of care include:
- Inadequate supervision during lunch breaks
- Failure to address known bullying incidents
- Poor maintenance of playgrounds or classrooms
Both public and private schools are subject to this duty. In government schools, compensation claims may involve the Department directly.
For official guidance on this legal obligation, see the Victorian Department of Education’s Duty of Care Policy.
For matters involving emotional harm or neglect, learn more about Institutional Abuse.
Common Concerns Parents Have About Making a Claim
“I don’t want to sue my child’s school.” Most claims are managed through the school or Department’s insurer, not against individual teachers or staff.
“I can’t afford legal fees.” We operate on a No Win, No Fee basis. In most cases, you won’t pay anything upfront, and we only charge if your claim succeeds.
“I’m worried this will affect my child at school.” Your claim is private. Schools are not permitted to treat students differently due to legal matters involving parents.
“Will I have to go to court?” The majority of claims settle out of court. We manage the legal process for you and keep your child’s involvement to a minimum.
What Compensation Can Cover and Why It Matters
A successful claim can ease the financial and emotional strain that often follows a serious injury.
It may cover:
- Medical and rehabilitation costs
- Counselling or psychological treatment
- Educational support or modified schooling needs
- Pain, suffering, and long-term impacts
For many families, compensation means the difference between coping and struggling. It helps you plan for what your child needs to fully recover now, and in the future.
What Evidence Should You Collect Right Away
If you believe negligence contributed to your child’s injury, gather relevant evidence as early as possible. This can strengthen your case if you decide to pursue a claim.
What to collect:
- Photographs of the injury and the location where it happened
- Medical records, including emergency room reports and follow-up treatment
- Written communication from the school, emails, reports, messages
- Witness information, other parents, students, or teachers who saw the incident
- Notes detailing your conversations with school staff and how the school responded
Consider keeping a diary to track your child’s recovery and behaviour following the incident. It’s not only useful for legal purposes, it helps you stay organised during a stressful time.
Learn more about Public Liability.
Why Families Trust Carbone Lawyers with Child Injury Claims
Carbone Lawyers has over 30 years of experience helping Victorians access justice and compensation after serious injury. Our team understands that when a child is hurt, the emotional toll can be overwhelming, and that legal advice must be compassionate, clear, and grounded in results. We know how to support families through difficult times with care and confidence.
Let’s Talk About What Happened to Your Child
If your child has been injured at school, and you’re unsure what to do next, we can help you get clarity, support, and, if appropriate, compensation.
If you need legal advice or are unsatisfied with your current lawyers, the Carbone Lawyers team are ready to help. Start your claim or call 1800 369 888.
