VIC Negligence in Duty of Care Through School?

[Ashtimes7]

Child boarded a bus at the end of school. Realised they’d left something behind, got back off the bus to retrieve the forgotten item. Got around the corner, missed an unseen step and heard a pop in the ankle so had to stay on the ground. After a few minutes crying, a teacher came over asked about child’s welfare then went to get the principal. The bus moved to the vicinity of the accident to get the child on board. The principal went to the office to get ice and notify the admin.

Went back to the child with the ice pack and sent the bus with the child home for the hour trip it takes to get back.

I sent them an email two days after the incident as the child went to the hospital that same night as an incident for surgery the following day for broken bones in the ankle and one in the leg to get pins and plate.

Have since contacted me, supplied us with a student accident claim form; which I’m not sure I want to sign...

I don’t know whether I can sign VPTS forms either.

My Partner has taken many days off over the last two months (cashing in holidays and LSL)...

We just don’t know what to do !?!?

 

[Scruff]

Very wise not to sign something you're not sure about. Too many people just sign anyway in these types of situations, only to be shafted down the track. So good on you for being one of the smart ones.

The best thing to do is to have a lawyer look over the form. A Community Legal Centre (CLC) should be able to help with that - you probably need to call to make an appointment first.

If you don't have access to a CLC, then any lawyer will do - but I don't know if they will charge for something like this.

With that said, I think the school has been very negligent here. They should have called an ambulance - exactly as they would have done if the child was injured within school grounds. By putting the child on a bus, they have unnecessarily and recklessly caused the child a great deal of further pain and possibly even made the injury worse. I don't find buses that comfortable to begin with - and I'd hate to think what it would be like riding in one for an hour with broken bones, especially for a child.

That's shameless behaviour for a school principle in my opinion. They've shown almost total disregard for the welfare of one their own students.

 

[Rod]

Show the form to a lawyer to ensure you are not signing away your rights.

[Moderated - Inappropriate Solicitation]