Could I Make A School Accident Claim If My Child Was Injured At School?
By Cat Grayson. Last Updated 12th March 2024. Welcome to our guide on school accident claims. When you send your child to school, you have a right to do so in the confidence that they will return home safe and unharmed. Schools have a responsibility to protect the safety and welfare of your child. If an accident occurs within the school premises which means a child is injured or harmed a personal injury claim is possible if it can be established that the incident could have been prevented.
According to the Royal Society for the Prevention of Accidents, children aged 10-14 years old are at the most risk of injury while they’re in school. There are many ways that a child could potentially be injured in school. Not all accidents that take place within the school environment will mean that a compensation claim is feasible. Accidents happen all the time and children are injured. It is only when these accidents are caused by negligence that a compensation claim is possible.
In this guide, we will examine the duty of care that is owed to children when they are at school, and how a breach of this duty could result in injury. We will also discuss the process of claiming compensation in these instances.
Contact UK Law
Our team of advisors will be happy to offer you a free consultation on your claim. Whether you want to start a claim or simply have more questions about anything you have read, our team will be happy to offer you free legal advice. To speak to an advisor, just call 020 3870 4868, fill out our contact form or use the live chat on this page.
Services And Information
- Who Can Make A School Accident Claim?
- Who Is Responsible When A Child Gets Injured At School?
- School Accident Claim Compensation Calculator
- Types Of School Accidents
- Can School Accident Claims Be Handled On A No Win No Fee Basis?
- Learn More About Who Can Make A School Accident Claim
Who Can Make A School Accident Claim?
If your child was injured at school, you may be wondering whether or not you can make a claim on their behalf. When your child is at school, they are owed a duty of care, which means that the school should take all reasonably practicable steps to keep them safe.
If the school breaches their duty of care, and your child is injured as a result, this is known as negligence. If you can prove that negligence occurred, then you may be able to make a compensation claim on behalf of your child.
In the next section, we’ll discuss if your child was injured at school, who is responsible for maintaining their safety. Contact our team of advisors today to get started, or read on to learn more.
Who Is Responsible When A Child Gets Injured At School?
When your child is at school the school is responsible for ensuring their safety. The school should take all reasonably practicable steps to ensure the safety of children in their care.
Section 175 of The Education Act 2002 outlines that it is the governing body’s responsibility to ensure that measures are taken to ensure the safety of children on school grounds. There are a number of things that staff at a school can do to reduce the risk of injury for children who attend. These include:
- Risk assessments. Carry out regular risk assessments. This is so that any hazards can be identified and either removed or reduced. Risk assessments can help ensure the safety of staff as well as children.
- Well-maintained and safe equipment. Playground equipment can pose a risk to children if it’s poorly maintained or faulty in some way. Similarly, equipment in the classrooms like chairs and tables should not be damaged.
- Good housekeeping. Slips, trips and falls can occur as the result of clutter and untidiness. Corridors and walkways should be kept clear of debris to reduce the risk of injury.
According to the RoSPA, schools’ and colleges’ approach to health and safety should be “risk led” rather than “law led”. The legislation should be used as a framework and schools should focus on their most significant risks.
This is not a complete list of things that a school needs to do to ensure your child’s safety. If you intend to pursue a claim on your child’s behalf you would need to be their litigation friend. Call our team today to see what this entails.
School Accident Claim Compensation Calculator
You may be wondering how much your child’s school accident compensation could be worth. There is no “one-size-fits-all” approach to calculating the value of school accident claims, as each case is unique. When the compensation is valued, the severity of the injury will be taken into consideration as well as the amount of time it will take your child to recover.
A typical claim for compensation may also include special damages, which can reimburse any financial losses that have directly resulted from your child’s injuries. This can include things like loss of earnings of a parent or the cost of property that was damaged in the accident.
Without finding out more information on the details of the case, it’s difficult to know how much your child could be owed in compensation for their injuries. However, we’ve included a table below which illustrates some compensation brackets for different injuries. These brackets are from the guidelines provided by the Judicial College, aside from the first entry.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Serious Injuries And Financial Losses | Up to £1,000,000+ | A combination of many serious injuries and special damages, including lost earnings, travel costs, and home adjustments. |
| Very Severe Brain Damage (a) | £282,010 to £403,990 | There is a need for full-time professional care with little to no response to the surrounding environment. |
| Less Severe Brain Damage (d) | £15,320 to £43,060 | A good recovery will be made, though there may still be a small risk of epilepsy. |
| Less Severe Arm Injuries (c) | £19,200 to £39,170 | Despite the presence of significant disability, a substantial degree of recovery takes place. |
| Simple Fractures Of The Forearm (d) | £6,610 to £19,200 | Simple forearm fractures. |
| Less Serious Hand Injury (g) | £14,450 to £29,000 | Injuries such as severe crush injuries that don't result in surgery fall under this bracket. |
| Less Serious Leg Injuries (c) (i) | £17,960 to £27,760 | Serious soft tissue injuries or fractures that result in an incomplete recovery. |
| Less Serious Leg Injuries (c) (ii) | £9,110 to £14,080 | Simple femur fractures that don't result in damage to the arterial surface. |
| Less Serious Leg Injuries (c) (iii) | Up to £11,840 | Simple tibia or fibula fractures or soft tissue injuries. |
| Moderate Ankle Injuries (c) | £13,740 to £26,590 | Less serious disabilities that are caused by fractures or ligamentous tears. |
If you’d like a more accurate valuation of how much your child’s injuries could be worth, why not get in touch with our team today?
Types Of School Accidents
There are a variety of different ways in which a child could get injured while at school. Some of the circumstances in which injuries to a child could arise include:
- Slipping, tripping and falling
- Hurting themselves while using playing equipment
- Becoming ill or suffering an allergic reaction due to unsafe food served in the canteen
- Being injured by faulty fittings or facilities in the school
- Being subject to abuse by a teacher or other member of staff
There are different ways that a child could be injured. It may not always be clear whether the accident in which caused their injury could have been prevented. For that reason, we offer all potential claimants a chance to have their case reviewed for free. This way you can gain answers to your questions and find out if the case is eligible for compensation.
Can School Accident Claims Be Handled On A No Win No Fee Basis?
Making a claim on behalf of a child might seem daunting, but the process can feel less stressful when you have the help of a solicitor.
One of the expert solicitors from our panel could help you make a claim on a No Win No Fee basis by offering a Conditional Fee Agreement (CFA). Under a CFA, your solicitor won’t ask you to pay for them to begin working on your claim. Likewise, if your claim fails, you won’t need to pay your solicitor for their work.
If you do make a successful claim, then your solicitor will take a success fee from your child’s compensation. They’ll take this as a small percentage, which is limited by a legislative cap.
Contact Our Team
To find out if one of the solicitors from our panel could help you, contact us today by:
- Calling on 020 3870 4868
- Using the live chat feature
- Contacting us online
Learn More About Who Can Make A School Accident Claim
- The Occupiers Liability Act 1957
- When To Visit A Walk-In Centre
- Compensation claims for accidents while at work
- Compensation claims for accidents while on holiday
- Government guidance on how to make a complaint against a school
- A Guide To Food Allergy Claims
Writer KL
Checked by NC
