Ceres
08-02-2009, 12:39 PM
http://www.news.com.au/couriermail/story/0,27574,25020336-3102,00.html
Let me tell you none of these stories are making me question my decision to homeschool!
CHILDREN are being sued after violent incidents in classrooms because state schools have failed to introduce personal accident insurance, parents claim.
An Education Department spokesman said 26 claims for student personal injuries had been filed in Queensland since July last year.
Is it right for children to be sued? Have your say. (http://www.news.com.au/couriermail/story/0,27574,25020336-3102,00.html#comments)
Last financial year, 73 claims were made, comapred to 63 in 2006-07 and 90 claims in 2005-06.
The spokesman said: "When a student is injured at a state school as a result of an accident, all costs associated with the injury – including the medical costs – are the responsibility of the parent or caregiver."
Almost two Queenslanders every week threaten to sue the Government following injuries to children sustained at schools according to figures from Education Queensland (http://education.qld.gov.au/).
However, when state schools refuse to pay compensation for complaints legal action often begins between the invidual students and their families.
A Gold Coast teenager has been threatened with legal action after he broke the jaw of a fellow student in his class at a state school.
The 16-year-old was in a classroom late last year when another Year 11 student, who he claimed had bullied him previously, stabbed him in the hand with a pencil.
He punched the 16-year-old who sustained a broken jaw.
The victim's parents threatened to sue him for more than $5000 to cover medical expenses and the legal action is still ongoing.
Personal injury lawyer Bruce Simmonds, who is representing the 16-year-old faced with legal action, said the State Government needed to review the lack of personal accident injury for students.
"Parents cannot sue parents. These are demands being made against a child," Mr Simmonds said.
"The child has no income or resources (to pay medical bills). It's a vexatious complaint."
Mr Simmonds said such complaints caused enormous stress for children because they could be sued later as adults if a student went on to suffer long term injuries.
"That likelihood of being sued is hanging over their heads," he said.
Mr Simmonds said he was receiving less personal injury accident cases involving private school students because those schools had personal accident insurance which was built into their fee structures.
But students at state schools were not covered and families could not be compensated unless the school was proved to be negligent, Mr Simmonds said.
"You're getting more hostilities there. You get a parent with a bill trying to get the state to pay," he said.
A Ministerial review of school sport and physical activity in 2006 made 13 recommendations including the need to better inform parents about the department's insurance policy.
The Queensland Council of Parents and Citizens Association (http://www.qcpca.org.au/), in its newsletter last year said neither its organisation's insurance or the State schools' covered students.
"As physical education, particularly contact sports carries inherent risks of injury, it is a personal decision for parents as to the type and level of private insurance they arrange to cover students any accidental injury that may occur," the QCPCA said.
Let me tell you none of these stories are making me question my decision to homeschool!
CHILDREN are being sued after violent incidents in classrooms because state schools have failed to introduce personal accident insurance, parents claim.
An Education Department spokesman said 26 claims for student personal injuries had been filed in Queensland since July last year.
Is it right for children to be sued? Have your say. (http://www.news.com.au/couriermail/story/0,27574,25020336-3102,00.html#comments)
Last financial year, 73 claims were made, comapred to 63 in 2006-07 and 90 claims in 2005-06.
The spokesman said: "When a student is injured at a state school as a result of an accident, all costs associated with the injury – including the medical costs – are the responsibility of the parent or caregiver."
Almost two Queenslanders every week threaten to sue the Government following injuries to children sustained at schools according to figures from Education Queensland (http://education.qld.gov.au/).
However, when state schools refuse to pay compensation for complaints legal action often begins between the invidual students and their families.
A Gold Coast teenager has been threatened with legal action after he broke the jaw of a fellow student in his class at a state school.
The 16-year-old was in a classroom late last year when another Year 11 student, who he claimed had bullied him previously, stabbed him in the hand with a pencil.
He punched the 16-year-old who sustained a broken jaw.
The victim's parents threatened to sue him for more than $5000 to cover medical expenses and the legal action is still ongoing.
Personal injury lawyer Bruce Simmonds, who is representing the 16-year-old faced with legal action, said the State Government needed to review the lack of personal accident injury for students.
"Parents cannot sue parents. These are demands being made against a child," Mr Simmonds said.
"The child has no income or resources (to pay medical bills). It's a vexatious complaint."
Mr Simmonds said such complaints caused enormous stress for children because they could be sued later as adults if a student went on to suffer long term injuries.
"That likelihood of being sued is hanging over their heads," he said.
Mr Simmonds said he was receiving less personal injury accident cases involving private school students because those schools had personal accident insurance which was built into their fee structures.
But students at state schools were not covered and families could not be compensated unless the school was proved to be negligent, Mr Simmonds said.
"You're getting more hostilities there. You get a parent with a bill trying to get the state to pay," he said.
A Ministerial review of school sport and physical activity in 2006 made 13 recommendations including the need to better inform parents about the department's insurance policy.
The Queensland Council of Parents and Citizens Association (http://www.qcpca.org.au/), in its newsletter last year said neither its organisation's insurance or the State schools' covered students.
"As physical education, particularly contact sports carries inherent risks of injury, it is a personal decision for parents as to the type and level of private insurance they arrange to cover students any accidental injury that may occur," the QCPCA said.