Compensation can be awarded for financial loss, and for pain and suffering. Civil actions are normally commenced against the employer (eg the local authority/governing body/corporation). However, individual members of staff can also be pursued.
To succeed, the following must be established:
- the defendant (organisation/individual) owed a duty of care to the claimant (staff/pupil)
- the duty of care was breached
- injury/ill health and/or financial loss occurred as a result of the breach.
Compensation claims are usually dealt with by solicitors acting on behalf of the employer's insurance company or the legal department of the LA. If claims are brought against an individual, or she/he is implicated in a civil action against the organisation, then advice should be sought from ATL.
Strict time limits apply to compensation claims. Court proceedings should be started within three years of the date of the injury. After this, the case will usually be out of time.