Risky blows: to intervene in a fight, or not?
Intervening in fights, that goes without saying. Or not, because the teacher who absorbs the blows takes a risk, up to disability.
Picture: Nanne Meulendijks
Fighting students in an unequal battle, you cannot allow that to happen as a general education teacher. So he jumped in, an AVO teacher who works in the Education magazine does not want to be mentioned by name while his case is still running. After he intervened, he does not remember what happened. “I was unconscious and woke up on the floor.”
Minor brain injury, doctors later noted, but with serious consequences. The now 66-year-old teacher had to work less to keep up, a long afternoon nap is also necessary during holidays and sporting achievements are no longer included. “I ran in the evenings, in the winter I skated four times a week. Now I no longer have a balance and it is difficult to look back.” He praises his colleagues who take into account everything he can no longer do, but grieves about the lack. "I was very fit for my age, because of this incident I fell into old age."
Because of this incident, I fell into old age
'Injury damage' is the collective term for such consequences. Since the employer is responsible for school safety, there is a right to compensation, but it will not come on its own. The victim must hold the employer liable. “I consider myself lucky that I AOb-member, because such a procedure that drags on for six years would otherwise cost a lot of money,” says the avo teacher.
Employment relationship
AOb-members who have been injured as a result of an accident or other trouble at work, receive support from the association free of charge. Preferably quickly and without proceedings, says head of general legal services Marcel Crum: “But if the other party does not acknowledge liability, it becomes more complicated and proceedings have to be initiated. As an employee, you will then unintentionally come face to face with your employer. That is not good for the employment relationship, because managers are just like people, they do not always react rationally.”
Managers are just like people, they don't always react rationally
Usually, the personal injury handler comes to an agreement with the insurer, but after violence the case is often complicated. Carolina Landstra of Ratio Letselschade, the agency responsible for the AOb addresses these issues: “What does a teacher do when children hit and kick each other? You can't let it happen, because if it gets worse, you as a teacher also have a problem. If you intervene and get hurt yourself, can the school be blamed? Could the teacher have handled it differently? Who dealt the blows? Is this a matter for the school's insurance company or for the parents' liability insurance?” Landstra's colleague Peter Blom: “School plans contain a lot of information about the safety of students, but the workplace must also be safe. That is the basic standard.”
The school's so-called duty of care is crucial: prevent damage, such as medical costs, adjustments to the home, missed income. The school must be insured against liability. The employee is allowed to make human errors without losing the right to compensation. The employer's liability only ends in the event of reckless behavior and in the event of 'home, garden and kitchen accidents' that cannot reasonably be prevented: no compensation for the teacher who trips over a guy line at school camp.
trauma surgeon
Natascha de Jager (43) can no longer cycle as a result of aggression in the schoolyard. She has a knee prosthesis, but walking is still extremely painful - all because she and two colleagues plucked apart a group of fighting girls from group 7. “One was on the floor, they were kicking wildly, they stopped responding to our voices. Then you have to intervene. A girl who wanted to fight on gave me a push. I heard a crazy noise from my knee, but I didn't think it would be that serious."
There was still an hour to go that day and two days later the summer vacation started. The headmistress asked if she could go back to class. "I wasn't able to fight it, but a colleague saw how bad it was and she took me to the hospital." Scan, injection, tape around it, painkillers, but this injury turned out to be material for the trauma surgeon. The cartilage in the knee did not recover as hoped and De Jager underwent several operations. “I was disappointed with all the additional costs for transport and assistance. Then my sister said: Call your union, this is personal injury. It was a step to do that. I was afraid of the employer's reaction. I don't blame anyone personally, but this was going to cost me some serious money.”
I don't blame anyone personally, but this was going to cost me serious money
Cooled down
She returned to school during rehabilitation, but relations there turned out to be cool. Mediation did not help. De Jager now works elsewhere in Amsterdam-Zuidoost at a school of her own board. “It was discussed with HR and a labor expert what I can and cannot do. At one point they wanted me for the toddlers, but I can't help tie shoelaces, for example. Now I am in group 8, last year in group 7. If I have just had pain treatment, I am not assigned to the square guard and it is very nice not to have to ask colleagues about this every time. The children are also sweet, helpful and careful. We have a gym teacher and a musical accompanist, so when practicing I can sit as much as possible. We still have to figure out how the school camp is going. I can't ride with you, not even on a tandem."
Seven years after the push in the schoolyard, she now works four days instead of five and the claims procedure is still not completed. “I think that's a very long time.”
The teacher with whom this piece begins is retiring this school year. He will never make his dream bike ride in the Andes. “A school is not automatically a safe place. You need a safety net of agreements, rules, standards and values. An insurance policy that stands behind you and a director with guts who acts energetically. So that you don't end up in a no man's land if something serious has happened."
AOb-members receive free support from the association in the event of injury due to an accident or other trouble at work. Preferably quickly and without procedure. Become a member of the association and view all conditions. Tips for personal injury? Go to this article.
