Teachers have won a substantial amount of compensation for accidents taking place in the workplace or on school trips. The National Union of Teachers revealed that £1.7m had been awarded in accident claims and that a further £250,000 had been won by the union for teachers claiming for personal injuries after assaults from pupils.

The common law compensation for personal injury due to accidents was abolished when the Accident Compensation Legislation came into effect in 1974. Recently the act changed and it is now known as the Accident Compensation and Rehabilitation Insurance Act. This Act states that in terms of legal liability, no action for personal injury damages resulting from an accident should lie with the teacher.

If a school accident occurs which injures a teacher, a personal injury claim can be made under A.C.C (the Accident Rehabilitation and Compensation Insurance Act 1992) and reimbursement can be received for any necessary treatment.

Teaching accident compensation

Examples of workplace compensation cases for teachers include a primary school teacher who won £9,159 in Somerset when her employers ruled she could not teach after losing her voice through classroom speaking.

Another teacher from Worcestershire who suffered respiratory problems after years of inhaling dust and fumes in a technology classroom environment won a large award of £220,000.

The Government's Better Regulation Task Force found that the number of school accident claims fell by nearly 60,000 in 2003/4. They deny that school-related compensation claims are rising in the UK and demand better accident management. Their report can be read at www.brtf.gov.uk.

Blair says teachers should not worry about school trip accidents

At an Institute of Public Policy Research speech in 2005, Blair said that teachers should not worry about taking children on school trips in case an accident occurred: "Health and safety legislation is necessary to protect people at work. Food standards are necessary to protect people from harm. These are things against which, historically, the state has underwritten risk. But something is seriously awry when teachers feel unable to take children on school trips."

MPs called for ministers to intensify efforts to promote outdoor educational activities without thinking about accident claims. Shadow education secretary Tim Collins commented that: "The blame culture that now surrounds school trips has done enormous damage to supervised out-of-classroom learning."

Ofsted backed Blair's and Collins' comments, saying that fieldwork trips and outdoor activities were a great way for children to develop intellectual, physical, emotional and social skills and that teachers had 'nothing to fear' if they followed the right guidelines.

Ofsted Chief Inspector David Bell said: "The benefits of outdoor education are far too important to forfeit". Read more about Ofsted - the Office for Standards in Education - at www.ofsted.gov.uk.

Unions disagree with Blair and Osted

The teachers' union NASUWT has advised its members to avoid school trips whenever possible. Bell's comments have been refuted and NASUWT general secretary Chris Keates said Mr Bell had failed to grasp the reality of what actually happens when school-related accidents occur: "The government is now taking our concerns seriously, having recognised that the demise of the concept of the genuine accident and the rise of the blame culture has left teachers and schools vulnerable."

NASUWT is the only teachers' union representing teachers from all over the UK and fights against blatant breaches of the law that take place in schools and workplaces across the country every day.

The union believes that employers consistently fail teachers by not implementing provisions in relation to health and safety, legislation, employment terms and trade union rights. Read more about NASUWT at www.nasuwt.org.uk.

Association of teachers and lecturers has mixed views

ATL has mixed views about the opinions being expressed by both sides. It believes that school trips are an essential part of the educational development of any young school-child and that excursions and field-exercises provide vital training.

Despite anxieties about the supposed compensation culture, they believe that it in no way should limit opportunities for young people and will be discussing the issue at their next conference. For free advice and information, visit their website at www.askatl.org.uk.