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Keeping teachers safe: Workers’ Compensation

By: Jason McAulay

Teaching is one of the most difficult, yet important professions in our society. Teachers mold our children and teach them to learn. What we often forget is that teachers are not superheroes and can get hurt at work.  

Do teachers get Workers’ Compensation? 

In Queensland, teachers are entitled to Workers’ Compensation if or when they are injured in the course of their employment. Under the Queensland state-based Workers’ Compensation scheme, a teacher will be entitled to lodge an application for compensation if they are able to establish that: 

  • They are a worker
  • They have suffered a personal injury; and
  • Work was a significant contributing factor to their injury. 

What types of injuries can a teacher claim for? 

In Queensland, teachers are entitled to lodge Workers’ Compensation claims for psychological and physical injuries. These injuries may occur over a period of time, or a specific injury may be caused by a single incident, like a fall. 

 Our teachers are also covered and may be entitled to lodge an application for worker’s compensation if they are injured on their way to or from work. This is commonly referred to as a ‘journey claim’ and can be claimed as long as the teacher satisfies the definition under the Act.  These journey claims may occur while driving to work, riding to work or even while on public transport. 

What are the time limits for Workers’ Compensation claims? 

A claim for compensation is generally only valid if lodged within six months of the date on which the teacher is assessed by a doctor. 

If this time limit is missed, there can be exceptions to his strict time limit. If you think you have missed the time limit, it’s still worth seeking advice from our office so we can investigate your options, otherwise, your claim could be rejected. 

What would it cost you for Sciaccas Lawyers to assist you? 

Sciaccas Lawyers will provide you with a free legal consultation to discuss your rights.  We will then provide you with an estimate of our legal costs, as well as the relevant time frames that will apply to your claim.  

If your Workers’ Compensation claim is accepted, you may be entitled to pursue what is known as a ‘negligence claim’.  This is a claim against your employer for the injuries sustained by you as a teacher. Again, there are strict time limits that apply to bringing this claim and you should contact Sciaccas Lawyers immediately to discuss your rights. 

If you have reasonable prospects of proving negligence, Sciaccas Lawyers may decide to take your matter on a “no win, no fee” basis. This means you will only be charged legal fees if your case is successful. Should your claim not be resolved, or ‘won’, you won’t have to pay. 

Should any teachers have any queries regarding the services we provide, we invite you to contact us on (07) 3867 8888 or online via our website.