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Whether you’re a teacher, a student or a visitor who was injured because of the fault of others while in an educational setting, you could qualify to make an accident at school claim for compensation. If you have any questions about accident at school claims, Legal Helpline could help.
Key Takeaways
- Various accidents could occur in schools; however, it is up to them to make the facilities as reasonably safe as possible.
- Children are not old enough to manage the claims process themselves; however, you could make a child accident claim on your child’s behalf.
- School employees, including teachers, as well as visitors, can also file a school injury claim.
- Claims can be made against any type of school if they are responsible for your child’s injuries, including public and state.
- A solicitor on our panel could take up your claim under a type of No Win No Fee agreement and handle the entire process.
Whether you need to claim for yourself or a loved one against a public or private school, we can help. Please continue reading or reach out to our advisory team now to discover if your claim qualifies. You can:
Frequently Asked Questions
- Can I Make An Accident At School Claim?
- What Compensation Could Be Awarded For A School Accident?
- What Are Some Examples Of Accidents At Schools?
- The Most Common Injuries In School Accident Claims
- Is There A School Injury Claim Time Limit?
- How Can I Prove School Negligence For My Claim?
- Can A School Dispute My Compensation Claim?
- How Can Legal Helpline Assist My School Accident Compensation Claim?
- Learn More
Can I Make An Accident At School Claim?
You could indeed make an accident at school claim for yourself or on behalf of a loved one. To qualify, you need to demonstrate the following basic criteria:
- The school owed you (or a loved one) a duty of care at the moment of injury.
- They failed to meet their duty of care obligations fully.
- An injury resulted.
- Your claim is within the relevant time limits.
With all points in place, a personal injury compensation claim can proceed.
Claiming On Behalf Of A Student
The standard time limit differs for those under 18, and we explain this in more detail below. Because a minor cannot launch legal action themselves, a family member or guardian can claim for the student’s injuries. However, they must meet the criteria above.
School Worker Compensation Claims
The Health and Safety at Work etc Act 1974 (HASAWA) protects all school employees. This legislation requires all employers to take all reasonable and practicable steps to ensure employee safety (this is the duty of care owed by the school to their workers). There are a variety of ways to meet this duty, such as conducting regular risk assessments of the school and safety testing appliances and fittings.
Claiming As A School Visitor
A person visiting a school is also owed a duty of care. This time, the relevant legislation is the Occupiers’ Liability Act 1957. It states that the school must ensure the reasonable safety of anyone accessing their premises. Again, this can be achieved by regularly conducting site inspections and ensuring all staff are trained in correct health and safety procedures in the event of an accident. If, whoever is responisble for the school failed to do this and you suffer an injury, you could have a valid public liability claim.
Whether you’re a parent acting on behalf of your child, a visitor at a school or a school employee, talk to an advisor if the negligence of others injured you. One of our friendly advisors can assess your accident at school claim and take it from there.
What Compensation Could Be Awarded For A School Accident?
A successful accident at school claim can result in two areas of compensation. General damages apply a value to the physical and psychological harm the person suffered. Also, the severity and duration of the injury, as well as any long-term harm or disability. Special damages deal with financial harm caused by the accident and injury.
Personal injury claims always vary from case to case. Therefore, it can be helpful to understand how the calculation process itself works.
Those involved begin with medical evidence. They often compare this evidence with publications like the Judicial College Guidelines (JCG). Here, you can find compensatory guidelines for a variety of injuries. They are arranged in order of severity and are based on past claims that were successful in England and Wales.
Below is an example table (the first line isn’t taken from the Judicial College Guidelines). It’s vital to stress that they are only suggestions. For a more accurate calculation, it’s best to consult an expert solicitor on our panel.
Compensation Guidelines
| INJURY | HOW SEVERE? | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| More than one severe form of harm and special damages | Severe | Up to £1 million plus | Severe cases of multiple injury that include special damages for lost earnings, care provisions and private medical bills. |
| Head/Brain | (a) Very severe | £344,150 increasing to £493,000 | Person has no meaningful environmental response or language function and they need constant professional care. |
| (c) Moderate (iii) | £52,550 increasing to £110,720 | Cases where memory and concentration suffer and the ability to work is reduced. | |
| Wrist | (a) Lost function | £58,710 increasing to £73,050 | Cases of complete lost function in the wrist joint even after surgery has taken place. |
| Neck | (a) Severe (iii) | £55,500 increasing to £68,330 | Dislocations, fractures or soft tissue injuries that prompt significant, permanent disability. |
| Severe Leg | (iii) Serious | £47,840 increasing to £66,920 | Fractures and injuries to joints or ligaments that require prolonged treatment and result in instability. |
| Back | (b) Moderate (ii) | £15,260 increasing to £33,880 | Cases of backache from disturbed muscles or ligaments, as well as soft tissue injuries that worsen or accelerate pre-standing conditions. |
| Knee | (b) Moderate (i) | £18,110 increasing to £31,960 | Dislocations, torn cartilage or meniscus that cause weakness, wasting or minor instability. |
| Shoulder | (b) Serious | £15,580 increasing to £23,430 | Shoulder dislocations and lower brachial plexus damage that causes pain, aching and sensory problems. |
| Hand | (h) Moderate | £6,910 increasing to £16,200 | Penetration wounds, crush injuries and deep lacerations that attract the top end of this bracket if surgery fails and permanent disability remains. |
Can I Claim For Other Damages After A School Accident Or Injury?
To incorporate special damages as part of the accident at school claim, you will need to present evidence of financial harm. This could include the following:
- Receipts for private medical care.
- Proof of the cost for any adaptations required after injury to the home or car.
- Tickets, petrol receipts and parking fees for any essential journeys.
- Proof of the time professionals, family or friends spent looking after you.
- Evidence such as payslips or HMRC documents that show a loss of earnings.
- The expense of replacing any personal items that were damaged in the accident, such as eyewear or a mobile phone.
Our panel of solicitors can help you collect evidence for your accident at school claim. They can also calculate general and special damages to include any future losses or costs you might face. Rather than guessing at compensation, get a free estimate from one of our advisors. Additionally, they can assess whether you have a valid school accident case and if you do, they can connect you to a solicitor from our panel who will ensure that all of your damages are considered when making your claim.
What Are Some Examples Of Accidents At Schools?
There can be quite a range of accidents at schools that arise because of negligence. Some example scenarios could impact small children, students, those who work at the school or are visitors:
- A teacher slips on a wet floor surface that was left unattended and without warning signs and fractures their ankle.
- The swings and slides in a school playground are not regularly checked for safety, and a small child suffers a head injury.
- A student suffered torn cartilage in a sports injury because the school provided them with an inadequate or inappropriate sports kit.
- The intoxicated driver of a school bus crashed on a school trip, and several students suffered cuts, bruising and a concussion.
- The equipment in a classroom was faulty, and a whiteboard collapsed on a teacher and several students, causing head and neck injury.
- Equipment in a school laboratory was not kept clearly marked or stored, and a student suffered chemical burns to their face and hands in an accident.
- The facilities in the school staff lounge were not safety tested. As a consequence, a teacher received an electric shock from a faulty kettle.
There can be many other ways in which injury could occur in schools. For precise guidance on your school accident claim, please speak to our advisors.
The Most Common Injuries In School Accident Claims
Accidents like those in the examples above can leave a person with a wide array of injuries, such as:
- Sprains and strains.
- Bruising and minor cuts.
- Torn ligaments.
- Deeper lacerations.
- Fractures and dislocations.
- Mild to severe head injuries, ranging from a slight concussion to traumatic brain injury (TBI).
- Neck and spinal damage.
- Burn injury or smoke and chemical inhalation.
- Catastrophic injury from a fall.
It’s also possible to suffer multiple injuries in the same accident. So it’s a good idea to check with professional solicitors like those on our panel to ensure your claim covers everything. Why not find out more today and get in touch?
Is There A School Injury Claim Time Limit?
Yes, there is generally a time limit to start your claim. The Limitation Act 1980 is legislation that sets out a time limit for personal injury claims as normally 3 years. This can alter for two main groups of claimants:
- A pause is placed on the time limit for minors (people under 18). Instead, the 3-year period starts from the date they become 18.
- Time limits are paused for people lacking sufficient mental ability to manage a claim on their own. Instead, the 3-year time limit starts from any date they might recover capacity.
- A litigation friend can step in and manage claims and negotiations for these groups while their time limit pauses are in effect.
If you would like to understand more about the time limits involved or the role of the litigation friend, please chat with our advisory team on the contact options above.
How Can I Prove School Negligence For My Claim?
You will need evidence that a duty of care was breached by the school and that this caused the injury. The evidence for this can include:
- Photos or camera footage of the injuries and their cause.
- The personal contact details of anyone who witnessed the accident.
- Copies of medical records that detail the injury.
- Evidence of financial costs incurred because of the injury.
- A copy of the accident logbook.
Don’t worry if you cannot gather all of this evidence. At this point, you could seek guidance from an expert solicitor to start your accident at school claim. Speak to our advisors to see if a solicitor from our panel could step in and help.
Can A School Dispute My Compensation Claim?
A school can dispute a compensation claim, which is why it is so important to gather evidence. The stronger a case you can put forward, the better. Showing that injury was a result of a breach in the duty of care is vital, and our panel of solicitors are experts at building claims like this. Following the guidance on evidence above is a useful starting point. But why not speak to our advisory team now for direct help if a school is disputing your accident claim?
How Can Legal Helpline Assist My School Accident Compensation Claim?
Legal Helpline could assist you throughout an accident at school compensation claim. If you meet the eligibility criteria we looked at above, our advisors can direct you to an expert personal injury solicitor from our panel. They offer a wide range of outstanding legal services for the clients they represent:
- They’ll help you gather strong supporting evidence such as witness testimonials or expert medical findings.
- They know how to calculate potential compensation with much greater accuracy.
- All negotiations with the school are taken care of for you.
- Legal jargon is fully explained, and all court deadlines or requests are met.
- You can concentrate on your recovery with the peace of mind of knowing your claim is in excellent hands.
In addition to these services, a solicitor on our panel can handle the entire claims process under a type of No Win No Fee contract. To do this, they offer eligible claimants their services under a Conditional Fee Agreement (CFA).
Funding options like this have a wealth of benefits for the person seeking compensation. Firstly, there are no solicitor’s fees owed to commence work on the claim. No solicitor’s fees apply as work on the claim moves forward. Furthermore, you won’t be expected to pay your solicitors any fees for services rendered on unsuccessful claims.
School injury compensation claims that are successful mean that the solicitor is paid a success fee. This is a small amount that is subtracted from the compensation at the end. A law called the Conditional Fee Agreements Order 2013 applies a ceiling to the percentage that can be taken as a success fee. This means whoever is claiming can expect to receive the bulk of the compensation if the claim wins.
So, whether you need to claim for yourself or a loved one, see if we’re able to help first.
Contact Our Team Of Advisors
- Ask a question through the live discussion below.
- Contact us online.
- Contact our dedicated advisory team on 0333 000 0729
Learn More
Alongside this article on accidents in a school, these other resources could be useful:
- This looks at accidents in a nursery school.
- Here is a case study about a schoolboy’s knee injury claim.
- Read about accident at work claims if you work in a school.
External resources:
- This link explains how to get copies of your medical records.
- Read about how to request CCTV footage of yourself.
- Lastly, here is guidance from GOV.UK on what duties and responsibilities schools have to protect the safety of students.
To conclude, we hope this guide on making an accident at school claim for compensation is helpful. Please get in touch if an advisor can assist in any other way.
