Has your child been involved in a nursery school accident and been injured as a result? If they have and it was due to the negligence of the nursery school staff, then you may be eligible to make a claim for compensation.
When we leave our children at nursery in the care of someone else, we expect them to be kept safe from harm and well looked after by the teachers and nursery staff. Leaving our children, particularly for the first few times can be hard and we need to be able to feel that we can trust that the nursery staff will take good care of the most precious person in our life. The last thing we expect is to find that our child has been injured, in particular when due to negligence. Apart from the worry about their child, feelings of guilt will probably be felt by most parents as well, as they question their choice of nursery, although of course, it wouldn’t have been the parent’s fault at all.
If your child has been injured whilst at nursery due to the negligence of the nursery staff, you can make a claim for compensation. Claiming compensation for the nursery school accident that caused your child’s injury will provide funding for any future medical treatments that may be necessary, or any special equipment needed due to their injury, and it can also reimburse the money you may have lost due to having to take time off of work and any other expenses and costs you may have incurred.
Legal Helpline has an experienced panel of personal injury claim specialists that have helped many people over the years with suing a nursery for negligence successfully and will be more than happy to help you to get the compensation you and your child deserves.
Jump to a Section
- Nursery school accident claims guide
- What is a nursery school accident?
- Who is liable for an accident or injury in a nursery school?
- Incidents which can lead to an accident or injury at a nursery school
- Common injuries which happen in nursery schools
- Can I claim compensation for an historical nursery school accident?
- What do I need to know before making a claim for a nursery school accident?
- What should I do if my child is hurt at nursery school?
- I or my child were hurt at a nursery school, what compensation can I claim?
- Nursery school accident and injury compensation calculator
- Nursery school accident no win no fee accident claims
- Why make your nursery school accident claim with Legal Helpline?
- Speak to Legal Helpline today
- More helpful guides and information
All nursery’s and schools have a duty of care to keep the children safe from harm at all times whilst in their care. If a child becomes injured because of the negligence of the nursery staff or the company or local authority that runs the nursery, then a nursery school accident compensation claim may be launched.
If your child has been injured due to nursery negligence, then you may be wondering how to go about starting a compensation claim, or even if you are eligible to make a claim. This guide is a great source of information that can help you to learn more about nursery school accident claims and what they involve, what you should do if your child gets injured, what the most common injuries are that happen in a nursery, who is liable for an accident in a nursery, what you can include in your claim, how much you could potentially be awarded and much more.
Making a nursery school accident claim can be a long drawn out process and quite complex as although sometimes an act of negligence can be obvious, a lot of the time it isn’t which can make proving liability harder and so can cause the process to take longer. However, there’s no need to worry and feel overwhelmed, there is help available. You can seek professional help and advice on whether you have a legitimate claim and the best way to start it.
Read through this guide initially to gain more insight in to what is involved in making a nursery school accident claim. Feel free to contact us at Legal Helpline for further guidance.
Accidents that occur in a nursery school are fairly common as young children are very lively and don’t yet understand the concept of being careful. Thankfully the majority of accidents aren’t serious and only result in very minor injuries at most. However, occasionally more serious accidents can happen leaving a child with a more severe injury.
So, what are accidents in school? Accidents may occur purely due to rough play, running around and bumping into something or falling over as so many young children do. But preventable accidents also occur more often than they should due to the negligence of the nursery staff or company such as from leaving spillages on the floor making the floor slippery, not checking and maintaining play equipment regularly or leaving children unsupervised whilst eating for example.
If an accident occurs resulting in an injured child and it was due to negligence, then there is a possibility that a compensation claim may be brought against the nursery.
One of the first questions we are asked is ‘Can I sue my child’s school for an injury? Simply put, yes, if they were to blame. In nearly all cases, when a child is injured whilst at nursery, someone is usually to blame and therefore liable to pay compensation for damages and the accident. Even when it is obvious that the accident was the child’s own fault, the nursery have a duty of care to protect the child at all times and so should have been able to prevent the child becoming involved in an accident in the first place and therefore are ultimately responsible.
In claims cases for nursery school accidents, some form of negligence is usually to blame. Negligence may occur in many forms, it could be that the management haven’t provided safe playing equipment or made sure their staff are appropriately trained in nursery care. Or it could be that the nursery staff themselves have not carried out their duties as they should have resulting in a child sustaining an injury.
When a child is injured by another child however, it isn’t always so straight forward. The law in the UK protects children from having legal action taken against them. However, it’s still possible that the nursery may be found liable as they were ultimately in charge of the child’s safety and so should have protected them.
All schools and nurseries are legally required to have relevant and adequate health and safety policies and procedures in place in order to prevent accidents from occurring and to ensure the safety of the children in their charge. If these are not followed correctly and a child sustains an injury as a result, the nursery will be found in breach of the legal responsibility and so liable to pay compensation.
There are many reasons as to why a parent or guardian might launch a claim for compensation following an accident that caused their child to become injured whilst at nursery. The following are the more common types of incidents that can lead to a compensation claim:
- Staff training that is inadequate, or low staffing numbers – Appropriate staffing levels that are in-line with UK law requirements should clearly be stated in the nursery’s health and safety policies to ensure that the ratio of number of staff to children is correct for their age group as if there are too many children per member of staff, then some children are more likely to lack supervision which will lead to an increased likelihood of an accident occurring. Also there should always be a senior member of staff that is adequately trained present at all times as well as at least one appropriately trained children’s first aider. If your child becomes injured as a result of neglecting these requirements, then you will have solid grounds for making a compensation claim.
- Unsafe environment – All nurseries have a duty of care to provide a safe environment for the children they take care of. Health and safety policies and procedures should be set in place and regularly reviewed to ensure this is the case. Risk assessments should be performed and any risks attended to and dealt with immediately. An unsafe environment in a nursery might include sharp objects or corners at child height, broken, rusty or any unsafe play equipment still being used by the children, stairs or steps left open for the children to access, and areas where the children can get to open deep water or out onto the roads or public footpaths left unrestricted.
- Negligence of the staff – If your child was injured because of something a member of staff did, or because the staff lack in abiding by the requirements of their job or role, then you will have a legitimate reason to make a compensation claim.
In most circumstances, one of the above are generally found to be the reason behind how your child has sustained an injury whilst at nursery. Please feel free to contact Legal Helpline for further help if you are unsure as to whether you have a legitimate claim.
So what are the most common childhood injuries? Some of the more common types of injuries that children sustain whilst in a nursery are:
- Fractures and broken bones.
- Cuts, lacerations and grazes.
- Bumps and bruises.
- Sprains and strains.
The most common factors that can lead to an accident causing injury in a nursery include:
- Areas that are defective inside or outside on the nursery premises.
- Equipment that is broken or somehow defective such as toys, tables and chairs, play furniture.
- Outdoor play equipment such as swings, slides and climbing frames that are poorly maintained.
- Children participating in playtime or sport activities whilst unsupervised.
- Food poisoning because of a lack of hygiene or wrongly prepared food.
- Slip, trip and fall hazards due to spillages that have not been cleared or poorly maintained floor coverings.
- Insufficient supervision at any time inside or outside on the nursery premises.
Neither of these lists are extensive and if your child has suffered a different type of injury due to a different cause not mentioned above, it doesn’t mean that you will not be eligible to make a claim. Contact us at Legal Helpline to discuss your individual circumstances.
The general rule as far as compensation claims go is that you have to make your claim within a three year period from when the injury became apparent. However, for children the personal injury claims time limit works slightly differently in that the three year period does not start until they reach 18 years old, and so you have until their 21st birthday to make a claim. In the majority of cases it is best to start a claim as soon as possible, but there are cases where problems from an injury that was perceived as minor at the time, may not arise until months or years later.
If your child was injured at nursery a few months or years ago, but they have not yet turned 21, then you may be eligible to make a claim for compensation. In accordance with required accidents at school procedures, a report of the accident should have been made at the time. Contact Legal Helpline for further advice on this matter.
It is extremely important before starting any compensation claim, to know the actual facts about what happened. Where claims for accidents that happen in nursery schools are concerned, with the parental worry, concern and anxiety coupled along with the child’s pain and suffering, the details of what happened may become confused. Trying to get correct answers from a child about an incident that has occurred that caused them to become hurt and upset is actually really difficult.
In order to figure out what actually took place when your child was injured requires a calm and simple approach when talking about it with your child. Questions that only need a short answer should be used such as:
- Where were you when you got hurt?
- What were you doing when you got hurt?
- Did you get told to stop what you were doing by the teachers?
- Where were the teacher’s?
- Were you on your own?
- Were any other children with you?
Particular care needs to be taken when questioning your child if it is suspected that another child hurt them as they don’t always want to get anyone else in trouble.
Once you have the basic facts of what happened, you can then elaborate a little more to hopefully get more detailed answers, although this can still be tricky the younger the child is. Questioning a child too much in one sitting however can be stressful for the child and so it may be better to question them over a period of time.
When you are clear on how your child became injured, you must report it to the nursery and make sure they complete a school accident report as they have a legal obligation to report any serious accidents to the Health and Safety Executive (HSE). If you fail to report the accident or incident, you will not be able to make a compensation claim.
Seeing your child hurt and in pain is hard enough for any parent to have to deal with, without the added stress and worry of dealing with a compensation claim for their injury as well, which is why it is imperative to seek legal help.
Once your child has received treatment for their injury, getting justice for them being hurt in the first place will be next on any parent’s mind. Although a compensation claim will not change what has happened, it can allow your child to have any special treatments they may require or to just allow you to be able to look after them properly without the worry of mounting bills and expenses to pay.
The majority of legal firms will understand the trauma you have suffered as the child’s parent and also the pain and suffering your child has experienced and so will attempt to get through the claiming process as quickly and efficiently as they possibly can for you in an attempt to make it as stress free as possible.
Due to the complexity of nursery school accident compensation cases, as already mentioned, we would always strongly advise that you seek legal guidance and representation to ensure you are giving your child the best possible chance of a successful claim and the highest monetary award amount possible in relation to their pain and suffering.
Legal Helpline offer a free, no obligation consultancy session where the details surrounding the case can be discussed with an experienced personal injury lawyer. During this session you can ask us whatever questions you may have about making your claim and we can gather all of the information from you so that we can conclude whether or not you have a valid claim, and if so, offer you guidance and assistance on which steps to take next.
At this stage it is a good idea to contact the HSE to ensure that the nursery has indeed reported your child’s accident. By viewing the information on this HSE PDF link which shows what types of accidents are required to be reported to the HSE, you may be able to gage how serious your child’s accident is considered to be by the school.
In most cases we will offer to take on the compensation claim for you on a no win no fee basis. There is more about no win no fee further on in the guide, but essentially it means that we require no payments upfront and only charge for our legal fees if we win your case and these are paid as a small percentage (maximum of 25%) of your award amount. If we do not win however, you do not need to pay a single penny to us.
There are a number of different items that can be included in a compensation claim that then make up the final award amount. The compensation claim should include the following:
- General damages – These account for the physical and psychological pain and suffering the child has endured. The severity of the injury will be considered with the more serious injuries gaining the higher amounts.
- Special damages – Although usually uncommon among nursery school accident claims, this section covers any lost earnings on the child’s behalf. Any child actors or models that may have lost earnings or potential earnings can include this in their claim.
- Medical Expenses – Any medical expenses incurred as a direct result of the child’s injury can be claimed for. These may include special treatment or equipment unavailable on the NHS for example.
- Travel Costs – Any costs incurred as a direct result of the child’s accident can be reclaimed such as travelling costs to and fro medical appointments. Also in this section you can include any vehicle changes or adaptions that are needed due to the child’s injury.
- Loss earnings – If a the parent or guardian has needed time off of work to look after the injured child, then their lost earnings can be included as well as any future earnings if long term care for the child is required and they are forced to give up work.
- Psychiatric Care – Although this can be considered under medical expenses, if the child is expected to suffer with long term trauma and psychological problems a as a result of their accident, there are special provisions put in place by law that can account for these.
There are numerous injuries that may occur because of a nursery school accident and every case will be unique in its circumstances, therefore it would be impossible to correctly state the amount of compensation your child might receive should the compensation claim be successful. However, with the use of our personal injury claims calculator, we can show average amounts of compensation that have been awarded in past cases for certain injuries to at least give some indication of what your child could possibly receive depending on their own individual circumstances.
The table below lists some of the injuries that may be sustained by a child whilst at nursery and the average compensation amount.
|Reason for Compensation||Average Payout Amount|
|Head Injuries Minor to Severe||£1,940 - £354,260|
|Neck Injuries - Minor to Severe||£2,150 - £130,060|
|Back Injuries Minor to Severe||£2,150 - £141,150|
|Face Injuries Minor to Severe||£1,500 - £85,340|
|Eye Injuries Minor to Severe||£1,930 - £235,630|
|Ear Injuries - Minor to Severe||£6,140 - £123,310|
|Arm Injuries Minor to Severe||£5,810 - £263,060|
|Wrist Injuries Minor to Severe||£3,090 - £52,490|
|Hand Injuries Minor to Severe||£800 - £176,660|
|Leg Injuries Minor to Severe||£7,990 - £248,280|
|Knee Injuries Minor to Severe||£12,050 - £84,360|
|Ankle Injuries Minor to Severe||£12,050 - £61,110|
|Foot Injuries Minor to Severe||£12,050 - £176,660|
If your child’s injury is not on this list, don’t worry, it doesn’t mean that you cannot make a compensation claim for it, just contact us at Legal Helpline and we’ll be able to help shed more light on the matter.
One of the main problems that put people off of making a compensation claim, is the thought of how they will be able to afford the necessary legal fees especially if it takes several months or even years to come to a conclusion, and also the worry of the risk of a huge financial loss if their case was not successful.
At Legal Helpline, as mentioned earlier, we offer a no win no fee service. With this service, you are not required to pay any monies upfront or during the whole of the claiming process, and in the situation where the case is unsuccessful, you will not be required to pay any legal fees at all and so therefore eliminating any risk to your current finances. In the situation where your case is successful however, and the courts award you compensation , although we will then ask for payment of our legal fees, we take this as a small percentage of the awarded amount, therefore still not denting your current finances at all.
Our no win no fee policy offers our clients the opportunity to claim for the compensation that they deserve without the stress or worry of financial risk.
Legal Helpline have been around for awhile now and consists as a Claims Management Company, we have a panel of highly experienced personal injury specialist solicitors that have successfully dealt with many nursery school accident cases. We have come to understand the distress felt by not only the child but often even more so by the parent after the child has been injured whilst at nursery and so treat each case with care and consideration in order to prevent any stress or worry from further increasing during the claiming process.
We are a reliable and friendly team that keep our clients fully up to date on the progress of their claim and work hard to get the best possible outcome for them.
Making your nursery school accident compensation claim with Legal Helpline will make it an easier, simple thing to do as we will undertake everything that needs to be done in preparation for taking it to court. This then allows you freedom from the potential stress and worry you would have felt if you were going it alone, so that you can concentrate on your child’s recovery and well-being.
If your child was injured whilst at nursery, it is likely that someone was to blame and a compensation claim for your child’s injuries can be made. Seeking legal help from a personal injury claims management firm is the best first step to take as they will have experience in dealing with cases like yours and know what needs to be done to ensure its success and that your child receives the compensation they deserve.
Legal Helpline have years of experience and can help you to make your compensation claim on a no win no fee basis. You’ll be offered a free consultancy session and will not be required to pay any legal costs upfront or during the process, what have you got to lose? Call us on 0161 696 9685 and we will endeavour to help you and your child successfully claim the compensation award you deserve.
If you suffered an injury while working in a nursery school, this page explains how to claim compensation for an accident at work.
Here is the HSE guide on reporting accidents to ofsted and reporting safeguarding incidents or nursery accidents.
This link takes us to the HSE guidelines on how to keep children safe whilst at nursery or school. If your child was injured because these guidelines were not being followed, you may have a legitimate cause to claim compensation for negligence.