Personal injury advice from
Thompsons Solicitors
Teaching Assistant Injured at Work Due to Lack of Trained Staff
20th June 2011
We represented a teaching assistant in a personal injury claim against her employer after she was assaulted at work.
Assaulted by Pupil
Our client was on lunchtime supervision duty when the assault occurred. A number of pupils at the school have a history of challenging behaviour and most of the staff, including our client, have been trained to deal with this. They employ a Team Teach method, whereby non-physical intervention is used first to attempt to defuse a situation, then restraint techniques are employed where necessary. For this method to be effective, more than one trained member of staff needs to be present.
Normal practice was for three supervisors to be on duty at lunchtime, however on the day of the incident there were insufficient resources so there were only two. A pupil suddenly attacked our client, forcing her out of the lunch hall and dragging her into a corridor. Because the other supervisor was not trained in restraint she did not step in, but went for help.
As a result of the attack our client sustained a wrist injury. There was a fracture and some ligament damage and she had to undergo an operation, so she was also left with scarring. She required time off from work and assistance from family members during her initial recovery period and the injury resulted in some long-term problems with her wrist.
Personal Injury Claim
Our specialist personal injury lawyers have a long history of securing compensation for the victims of accidents at work and workplace assaults and we assisted the injured teaching assistant in pursuing a claim.
Her employer denied liability and refused to offer a reasonable sum of compensation, so it was necessary for us to pursue the case to trial.
The Judge accepted our evidence and found that the school was in breach of their duties, as there was no risk assessment for the behaviour of children with difficult or violent behaviour in the lunch hall and they failed to provide the required number of trained staff. Had there been another trained member of staff present it is likely a successful restraint would have been possible and our client would not have been injured, but she simply could not cope with the attacker alone.
The claimant received £5,600 in damages, in respect of both the personal injury she sustained and also her loss of earnings and other injury-related expenses.
Accident Claim Advice
If you have suffered a personal injury as the result of an assault at work, or any other accident caused by the negligence of someone else, you may be entitled to pursue an injury claim.
Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for cost-free, confidential accident claim advice.
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