If your child was injured at school in an accident that was not their fault, they may be entitled to personal injury compensation. You may also be able to claim if you were injured while working at a school. This guide will explain everything you need to know about making an accident at school claim, either for yourself or on behalf of your child, with the help of our experienced No Win No Fee solicitors.
Key Takeaways When Claiming For An Accident At School
- Teachers are responsible for the safety of all children. If your child was injured in their care, they may be entitled to compensation.
- While working at a school, you are owed a duty of care by your employer to ensure your reasonable safety.
- You may be able to start an accident at school compensation claim on behalf of your child as a litigation friend.
- If your child’s claim is successful and they are awarded compensation, they will not receive it until they reach the age of eighteen.
- Our experienced solicitors may help you claim compensation on a No Win No Fee basis.
We have a team of friendly advisors who are available 24/7 to answer any of your questions or help you start a claim. Please do not hesitate to contact them by:
- Calling them on 0800 073 8801
- Giving them a message on their live chat
- Visiting our contact page
Jump To A Section
- My Child Was Injured At School, Can I Claim?
- Who Is Responsible For Safety In Schools?
- How Do School Accidents Happen?
- How Much Compensation Could You Get For An Accident At School?
- What Happens To Compensation For Children?
- Make A No Win No Fee Accident At School Claim
- Learn More
My Child Was Injured At School, Can I Claim?
Children regularly sustain injuries as they are generally unable to see risks or hazards on their own. Therefore, when sending your child off to school, you put your trust in the staff to keep them safe by ensuring the school environment is hazard-free to prevent accidents and injuries.
When your child is at school, they are owed a duty of care under Section 4 of the Health and Safety at Work etc. Act 1974 (HASAWA), which applies to all persons on the premises who are not employees, such as pupils. This means that the school needs to take reasonable actions, steps and measures to ensure the safety of all pupils.
This could include performing regular risk assessments and regularly maintaining school equipment.
Therefore, if your child was injured at school, you may be able to start an accident at school compensation claim on their behalf if:
- The school owed your child a duty of care
- The school breached this duty
- This resulted in your child’s injuries
If you have a valid claim, you would make this against the school’s public liability insurance.
Acting As A Litigation Friend
As children are minors, they are legally not allowed to start a personal injury claim. However, if a child is eligible for compensation, a parent, carer or responsible adult may act as a litigation friend and start a child accident claim on their behalf.
If you have been appointed as a litigation friend, it is your responsibility to act in the best interests of the child throughout the claims process. Some of your duties may include:
- Communicating with the solicitor working on the claim
- Making decisions in the claimant’s best interests
- Informing the claimant of the progress of their case
Claiming After An Accident As A Staff Member Of A School
If you work at a school, you are owed a duty of care by your employer under HASAWA. This means they need to ensure your health and safety by performing reasonable steps.
If they fail to do this, and you suffer an injury while working in a school, you could be eligible to claim compensation.
For example, while working as a receptionist at a school, you trip over some computer wires that had not been secured or tidied away. This causes you to suffer a fractured ankle, and you could make an accident at work claim.
To see if you could make an accident at school claim for yourself or on behalf of your child, you can contact our advisors.
Who Is Responsible For Safety In Schools?
You may be aware that your child should be kept safe at school. However, you may be unsure as to who is actually responsible for their safety.
In accordance with the Health and Safety Executive (HSE), the employer of all staff members holds overall accountability for the safety of students. However, it also proclaims that all teachers within the school are also responsible for ensuring pupils remain safe. Therefore, your child is owed a duty of care by all staff within the school, and this also applies when children are on school trips.
Health and safety laws require schools to assess and manage risk to avoid injuries. In doing so, school staff must identify:
- Potential hazards
- How pupils may be harmed by them
- How they can control the risk
If school staff breached their duty of care by failing to adhere to safety laws, resulting in your child’s injuries, they may be entitled to compensation. Call our friendly advisors today to find out if you could make an accident at school claim.
How Do School Accidents Happen?
Understandably, children often play carelessly, resulting in accidents and minor injuries that cannot be prevented. However, when your child is at school, they are owed a duty of care by teachers who must ensure the school premises are safe to avoid certain accidents.
If teachers fail to adhere to school safety laws, accidents may arise, potentially causing your child’s injuries. Some examples of how school accidents happen include:
- Failure to provide safety equipment – for example, a teacher may fail to give a student protective gloves during a science experiment, resulting in chemical burns.
- Slips, trips and falls – for example, a teacher may fail to put a wet floor sign near a spillage or clean it up, resulting in a pupil’s fractured forearm.
- Defective equipment – for example, if a school fails to provide a safety check on playground equipment and fails to see if a climbing frame is faulty, it may cause a pupil’s leg injury.
If your child’s exact accident isn’t listed here, this does not mean a compensation claim couldn’t be made. Contact our advisors today to discuss your case and receive a free eligibility case check.
How Much Compensation Could You Get For An Accident At School?
If you or your child was injured in an accident at school, you may ask, ‘How much compensation could be awarded for a successful accident at school claim?’.
Unfortunately, we cannot specifically state how much may be awarded at this time, as all compensation awards differ due to the unique factors of each case. However, we can explain how compensation may be calculated and the different forms of compensation that could be awarded.
In personal injury claims, compensation can be awarded under two different heads of loss, which are known as general damages and special damages.
General damages are the head of loss under which compensation is awarded for the physical and psychological injuries sustained as a result of the accident at school. It is calculated by a team that typically uses an independent medical assessor’s report and compensation guidelines provided by the Judicial College (JCG).
The JCG contains lists of injuries and their suggestive compensation brackets. You can see examples from the JCG in the table below, except from the top bracket. However, as these figures are suggestive, they are not guaranteed.
| Injury | Compensation Bracket | Explanation |
|---|---|---|
| Multiple Serious Injuries and Significant Financial Losses | Up to £250,000 plus | Compensation for multiple serious injuries, which results in significant financial losses such as medical expenses, travel costs and lost earnings. |
| Severe Back Injuries (i) | £111,150 to £196,450 | A spinal cord injury and nerve damage. This results in incomplete paralysis. |
| Moderate Brain Damage (i) | £110,720 to £183,190 | An intellectual deficit that is moderate to modest, and their ability to work is reduced. |
| Severe (i) Neck Injuries | In the region of £181,020 | A neck injury associated with incomplete paraplegia. This causes little or no movement in the neck and severe headaches. |
| Arm Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | Serious fractures of one or both forearms resulting in functional or cosmetic disability. |
| Severe Leg Injuries (iii) Serious | £47,840 to £66,920 | Serious compound or comminuted fractures that require prolonged treatment. |
| Severe Ankle Injury | £38,210 to £61,090 | Injuries that require extensive treatment, and their ability to walk is limited. |
| Multiple Fractures of Facial Bones | £18,180 to £29,220 | Your child suffers from some permanent facial deformity. |
| Multiple Noticeable Scars or One Disfiguring Scar | £9,560 to £27,740 | Your child suffers from many noticeable scars or a disfiguring scar. |
Could I Claim Back Financial Losses?
If you or your child was injured at school and this resulted in you incurring financial losses, you may be compensated for them under special damages. Some examples of financial losses include:
- A loss of earnings if you took time off work due to you or your child’s injury
- Missed work benefits such as pension contributions, bonuses and holiday entitlement
- Costs towards medical treatment, child care or travel
- Costs towards special equipment or home adjustments
When claiming special damages, you must provide evidence of the financial losses you incurred, such as payslips, bank statements or receipts. If you are struggling to find evidence, our experienced solicitors may help you obtain it.
If you have any questions about compensation for an accident at school claim, please do not hesitate to contact our friendly advisors today.
What Happens To Compensation For Children?
If your child’s accident at school claim is successful, they will not receive their compensation award until they are 18. As children are minors, any compensation they are awarded will be placed into a trust fund and held by the court in the Court Funds Office until they reach the age of eighteen.
Depending on the nature of your child’s claim, some exceptions may be made to this rule to release some of the compensation before your child turns 18. However, you will need to prove why some of this compensation needs to be released and that it relates to the child’s injuries. For example, if you have to pay for any medical treatment.
If you have any questions regarding what happens to children’s compensation, please get in touch with our helpful advisors today.
Make A No Win No Fee Accident At School Claim
If you or your child has been injured at school, one of our solicitors could help you with making an accident at school claim. Additionally, they work on a No Win No Fee basis through a Conditional Fee Agreement (CFA).
Signing a CFA with one of our solicitors may benefit you in many ways. For example, if your claim is successful, your solicitor’s success fee is taken from your compensation as a small and legally capped percentage. If your claim is unsuccessful, you do not need to pay for their services at all. You also do not need to pay for their work upfront or as the claim is ongoing.
Our experienced solicitors at Accident Claims are specialists in personal injury claims. Therefore, they may help you claim compensation by:
- Explaining your role as a litigation friend
- Explaining the claims process and walking you through each stage
- Explaining key terms and important documentation
- Explaining the calculation process of compensation
- Helping you obtain evidence such as medical records
- Setting up specialist appointments
- Negotiating compensation settlements on your behalf
Contact Accident Claims
If you have any questions regarding an accident at school claim or if you would like to start a claim today, our friendly advisors are here to support you 24/7, so please do not hesitate to contact them by:
- Calling them on 0800 073 8801
- Messaging them on their live chat
- Visiting our contact page
Learn More
If you visit the links below, you can learn more about making a personal injury compensation claim and how our solicitors can help you if you are eligible to claim:
- Access our public liability FAQ
- Learn more from our personal injury compensation FAQ
- Learn more about success fees in personal injury claims
References:
- Learn about health and safety for school children, GOV.UK
- Learn about the responsibilities and duties of schools, GOV.UK
- Find your nearest emergency treatment centre, NHS.UK
Thank you for reading this guide on how to make an accident at school claim.
