No Win, No FeeSchools should be safe places for pupils, teachers, staff and visitors. In fact, as with any other organisation, schools have a legal obligation to try and keep their premises and activities as safe as possible. However, if a school has been negligent and you or your child has been injured as a result, you may be able to claim compensation by filing a school accident claim against them.
This article explains the process of claiming compensation for an accident in school and will show examples of accidents, injuries and negligence that you could be compensated for.
Please continue reading to learn more about making a claim for an accident in a school. If you’d rather speak with us straight away, please call 0800 652 1345t today.
Am I Entitled to Compensation for an Accident at School?
While your child is at school, they should be supervised by staff. This includes before school and after school if your child remains on the school premises. This duty of care is set out in section 175 of the Education Act 2002.
As such, the criteria our personal injury lawyers will usually check before accepting a school accident claim are:
- Did the school owe the claimant a duty of care; and
- Did the school’s negligence lead to an accident; and
- Did the claimant sustain an injury or become ill as a result?
Crucially, these criteria also apply to all types of accident claims against a school. That’s because they’ll owe a legal duty of care to staff, pupils and visitors. Legally, this is established by legislation such as the Occupiers Liability Act 1984 or the Health and Safety at Work Act 1974. Which law is relevant in your case is not something to worry about at this stage as this will be verified for you during your free consultation.
Generally, a personal injury claim will be made against the local authority for state school claims or the business that runs a private school rather than any individual.
Common Examples of School Accident Claims
There are many reasons why personal injury claims are made following an accident in a school. Importantly, the school’s duty of care also applies to activities led by the school that happen away from school. You must remember though that for your claim to be taken on, the school must’ve been responsible for the incident in some way.
Here are some examples of accidents and illnesses to children or adults that may lead to a compensation claim against the school if they have been negligent:
- Playground accidents: Injuries caused by playground accidents due to broken equipment or unsafe surfaces.
- Slips, trips, and falls: Such as a child slipping on a wet floor with no warning signs or a parent tripping over uneven paving stones at the school entrance.
- Accidents on school buses: Injuries caused by unsafe driving or poorly maintained buses.
- Dangerous equipment accidents: Such as a child being injured by damaged PE or lab equipment.
- Food poisoning: Illnesses caused by contaminated food served in the school canteen.
- Allergic reactions: If a child is given food containing allergens despite staff being informed of their allergy.
- Asbestos exposure: Long-term illnesses caused by exposure to asbestos in older school buildings.
- Sports-related injuries: Such as a child being hurt during an unsupervised PE class or by in a swimming pool accident.
Crucially, our personal injury lawyers could help staff, parents and visitors to make a claim if they were injured in an accident in a school.
What Types of School Injuries Can I Claim For?
It is possible to sue a school for almost any type of injury caused by the school’s negligence. This means claims might be possible for:
If you or your child would like to discuss a school accident compensation claim, please get in touch even if the injury is not mentioned above.
What Evidence Do I Need for a School Accident Claim?
If you or your child is injured in a school, there are several things you may want to do fairly swiftly and should help if you decide to claim compensation later on. They include:
- Visit a hospital. Rather than relying on first aid, you should visit A&E or a minor injuries unit to have any injuries properly examined. At a later date, you could ask for the medical records relating to the visit to help prove your injuries.
- Report the accident. As with any other business or organisation, schools must report and keep a record of accidents they’re aware of. As such, you should tell a member of staff about the incident so it’s recorded in the school accident book (or equivalent) as soon as possible.
- Take photographs. If you’re able to, it’s a really good idea to take photographs of the school accident scene. The best time to do this is before the cause of the accident is moved, replaced or repaired.
- Collect witness information. If anyone else saw you or your child get injured at school, ask for their contact details. A witness statement might be requested by your solicitor to help prove the events that caused the accident.
- Ask for CCTV footage. If the school uses security or door cameras and they recorded your accident, act quickly to secure a copy of the relevant footage. You are entitled to ask for it.
It is also a good idea to keep track of everything by writing a log of events. Starting from the date of the accident, write down what happened and any important events or costs you’ve incurred. This will make it easier to explain how you’ve suffered if you discuss making a school accident claim with a solicitor.
What Is the Time Limit to Make a School Accident Claim?
In the UK, there is no time limit for personal injury claims involving a child under 18 years old. Their claim can be made by their appointed litigation friend at any point before the child’s 18th birthday. However, if they turn 18 and a litigation friend hasn’t made a claim on their behalf, then a 3-year time limit would apply beginning on their 18th birthday.
For adult claimants, there is a 3-year time limit from either the date of the accident at school or the date you became aware of your injuries.
We suggest that claiming compensation for a school accident as soon as possible is usually easiest. An early start makes gathering any proof you might need a lot easier and will allow ample time for medical reports to be arranged.
There is no set time for a personal injury claim to be processed. If the claim is straightforward and uncontested, compensation could be awarded in around 6 months. More complex cases can take 9-months or over a year in some circumstances.
How Much Compensation for an Accident at School Can I Claim?
Any compensation awarded for personal injury in a school accident claim will usually be based on:
- personal suffering from your injuries (general damages) and;
- financial losses because of the accident (special damages).
Our solicitors will always try to find out exactly how you or your child have suffered so that they can try to secure the highest amount of compensation for a school accident possible.
If your school accident claim is successful, it could include compensation to cover:
- The physical pain suffered at the time of the accident and during recovery.
- Any emotional consequences such as anxiety, depression or distress.
- The impact on the claimant’s usual activities. For instance, if a child injured at school can’t play on a games console with their friends because of a broken wrist, this could be factored into the claim.
- Care costs. This could include a professional carer for longer-term injuries.
- Physiotherapy and private medical treatment.
- Travel costs associated with your claim or medical appointments.
- Home and vehicle modifications to improve the claimant’s quality of life. For instance, if a child suffers a serious brain injury at school, the cost of installing lifts or hoists at home could be claimed for.
As you can probably see, there is a lot to consider when claiming compensation for a school accident. To ascertain your prognosis, your solicitor will use an independent medical expert. They’ll find out how you’ve suffered by examining your injuries, discussing any problems they’ve caused and reading over your medical records. Their report will then be used by your solicitor to work out how much compensation for a school accident you should claim.
Can I Claim for Loss of Earnings Due to a School Accident?
If you’re a teacher injured at school, for instance, and have to take time off work as a result, you could claim any earnings not covered by your employer’s sick pay scheme. The same may be true if you took time off work to care for your child who was injured in an accident at school.
Will I Need a Solicitor to Claim School Injury Compensation?
You are entitled to claim compensation for a school accident without instructing a solicitor. However, you might find the claims process easier with specialist representation on your side, especially if it is contested. Not only should a solicitor make your school accident claim easier, but their legal skills and experience could result in a higher compensation payout.
Crucially, our panel of solicitors provide a No Win, No Fee service so if your claim is accepted, you won’t need to pay legal fees upfront.
Instead, you’ll pay a percentage (set out in a CFA) of any settlement amount if your school accident claim is won. This is called the solicitor’s success fee (as explained here).
During the claim, your solicitor will strive to:
- Collect proof on your behalf.
- Obtain medical reports relating to your injuries.
- File the claim and deal with all communication on your behalf.
- Discuss the claim with the school’s insurers and tackle any questions or objections they raise.
- Secure as much compensation as possible for you or your child.
To see if you could sue a school for negligence on a No Win, No Fee basis, please get in touch today.
School Accident Claims Frequently Asked Questions
Can I Make a Claim for an Accident on a School Trip?
If your child is taken on a trip, the school has the same duty of care as if they were at school as normal. That means they must risk assess the trip, ensure proper supervision and provide safety equipment where needed.
Even if the trip or activity is being managed by a third party, the school must do all they can to try and ensure the safety of your child.
As such, if your child is injured on a school trip because of the negligence of the school or third party involved, it may be possible for you to seek compensation for any suffering caused.
Will I Be Sacked for Claiming Compensation?
If you’re a teacher, teaching assistant, caretaker or have any other school-based job, you have a right to claim compensation for any injury at work caused by your employer’s negligence.
So long as your claim against the school is honest, you cannot be disciplined, sacked, demoted or singled out in any way simply because you’re suing a school for negligence. If you were, separate legal action might be necessary to claim for constructive or unfair dismissal.
If you have a personal injury lawyer representing you, they can handle all communications with the school’s insurers for you so you won’t need to answer any awkward questions at work.
Start a School Accident Compensation Claim Today
Please give us a call on 0800 652 1345 today if you’d like to find out your chances of being compensated for a school accident. There’s no obligation but whatever you decide to do next, we’ll provide free legal advice after reviewing your claim with you.
All accepted claims are handled on a No Win, No Fee basis so legal fees only apply to successful cases.
To find out more about filing a school accident claim for compensation, please use our free live chat service.
