A student who was injured during the work phase of her studies has been compensated for medical expenses and loss of earnings after the intervention of the Commissioner for Education and the Minister of Education.

The decision was announced by the commissioner, Prof Charles Farrugia, who did not give the name of the student, the college she attends, or the private establishment where she was injured.

Education Commissioner Prof Charles Farrugia

The 17-year-old student was injured during a work placement which formed an integral, compulsory and important part of her course requirements.

Her father requested her college to declare the accident to be an injury on duty and to reimburse expenses for the relative treatment, “including those required in the future”.

The college said that while it had an insurance policy for its employees, there was no such insurance for students during their work placement. It was however prepared to pay the medical bills as a gesture of good will.

The student’s father insisted on payment for future losses as well as reimbursement for income lost because his daughter was unable to carry out because of the injury.

Following his investigation, the commissioner (who forms part of the Office of the Ombudsman) concluded that the college was responsible for the injury suffered by the student.

"The fact that the student suffered the injury as a result of the tasks assigned during the work placement was never disputed and there was an indirect admission that the task which led to the injury was not particularly relevant to her studies," the commissioner said.

There was no evidence that the student had suffered a permanent disability but the commissioner upheld the claim for loss of earnings incurred in the summer immediately following the accident. 

He therefore recommended that the college compensate the student by €2,545 to cover medical expenses (€241) and loss of earnings (€2,304) for the summer immediately following the injury.

The college only accepted to pay for the medical expenses but not potential loss of earnings.

The Commissioner referred the case to the Minister for Education who told the college that he considered the commissioner's recommendation as“fair and reasonable."

He told the college to pay the compensation.