Nursery Accident Claims
If your child has been injured at nursery due to negligence or an unsafe environment, Tylers Solicitors is here to help with your nursery accident claims.
Start your claim for nursery injury compensation
While there is no exact number as to how many accidents occur in UK nurseries, it is safe to assume that injuries are fairly commonplace in pre-schools and nurseries.
Under 5s are most susceptible to injuries due to their poor coordination, balance, and reduced ability to assess danger. So it’s natural that accidents happen. However, it’s also possible for more serious injuries to happen due to negligence on the part of nursery staff.
Seeing your toddler or young child in pain can be very distressing, and we understand that you may want to claim compensation on their behalf. Provided the nursery injury was caused by a liable adult, you can act as your child’s litigation friend and start the compensation claims process for them.
Our team of child injury lawyers are here to support you throughout this difficult time with our no win, no fee nursery accident claims. We will work with you to gather all the necessary evidence you need and ensure you receive the compensation your child deserves, while supporting you every step of the way.
Read on to learn more about making a nursery injury compensation claim for your child, and how much money they could be entitled to.
Examples of incidents in a nursery setting
Most injuries sustained in a nursery are relatively minor, and every childcare facility should have an accident policy in place. If your child’s injury is more severe, you may wish to elevate your concern further than a nursery accident form by starting the nursery accident claims process.
While nursery injuries are common due to the curiosity of little ones, your child may have experienced a serious injury due to the negligence of staff. This occurs when staff fail to fulfil their duty of care to your child, leading to avoidable harm.
Some of the most common types of nursery injuries and examples of incidents in a nursery setting include:
- Falls from height: This can occur due to a lack of supervision, play equipment not being maintained to a safe standard, or the absence of safety mats around play areas. In these cases, injuries such as broken bones, lacerations, and soft tissue injuries like dislocations and sprains are common.
- Allergic reactions: If the nursery staff fail to follow your child’s dietary restrictions, this may result in an allergic reaction. An allergic reaction could develop into a more serious — and even life-threatening — injury without immediate treatment.
- Burns and scalds: If your child was left unattended around hot liquids, exposed heaters, or boiling water taps, this can result in severe burn injuries. Sunburn can also occur if your child is left outside on a sunny day without sun protection.
- Head injuries: From trips, slips and falls in cluttered play areas to heavy objects falling due to improper storage, your child may have experienced avoidable head injuries. In the most extreme cases, head injuries may lead to brain damage.
If you can’t see your child’s accident on the list and you’d like to know whether you have a valid nursery injury compensation claim, we can help. Feel free to get in touch with our child injury solicitors via our online contact form or call us on 0800 699 0079 and we will be able to advise you further.
What evidence do you need for nursery accident claims?
If you have a valid claim and you’d like compensation for your child’s nursery injuries, here’s a handy list of the evidence you may need to support and strengthen your case.
If you do not have access to the evidence below, don’t worry — our child injury solicitors can help gather everything you need to build your case:
Medical evidence: Including details of any doctor’s or hospital appointments related to the injury. Any prescriptions, treatment records, prognosis reports, or a psychological assessment (if relevant) can also be helpful.
- Nursery accident form: Your child’s nursery will be legally required to record any accidents in a nursery incident book. You will need to ask for a copy, and you should be able to see the date, time, location, and description of the accident. Note down whether you were notified as soon as possible after the accident.
- Nursery accident policy and procedures: If possible, try to obtain a copy of the nursery’s health and safety policies. You will then be able to see whether they followed the correct guidelines when the incident occurred.
- Proof of negligence: This will depend on the type of nursery accident your child experienced, but examples include dash cam or CCTV footage, as well as any other evidence to prove the nursery or staff were at fault. This could be to prove lack of supervision, failure to maintain equipment, ignoring risks, and delaying medical attention.
- Photographic and video injury evidence: Including photos and videos of the injury, accident scene, and any safety hazards present where the accident occurred.
- Witness statements: Including your child’s account, as well as statements from nursery staff members, other parents or carers, and other children (if parental consent is granted) who saw what happened. It’s best to note down the contact details of any witnesses in case more information is needed.
- Financial and lifestyle losses: Including proof of loss of earnings, including medical expenses, unpaid leave, additional childcare costs, travel costs, and special equipment costs if needed. You may also wish to keep an education report if the child’s injury or accident disrupted their learning.
If you have any questions about what evidence is required for a nursery injury compensation claim and why, feel free to get in touch with our child injury solicitors for more information.
How much compensation could we claim?
What to do if your child is injured at nursery
If your child has been injured at nursery due to no fault of their own, it can be hard to know what steps to carry out next.
To help you manage the process as swiftly and efficiently as possible, we’ve put together a step by step of what to do, as well as how to make a nursery injury compensation claim.
- Seek immediate medical attention: Nursery staff should call 999 or take your child to A&E if needed. They will also need to contact you as soon as possible.
If the injury doesn’t require immediate medical attention, you should be contacted to pick up your child, where you can decide whether they need to go to a walk-in medical facility or an urgent GP appointment. Ensure that you get a copy of any medical reports related to the injury.
- Speak to the nursery and staff involved: Ask for a detailed explanation of how the nursery injury occurred, and keep a taped (with permission) or written record. Make a note of any inconsistency or story changes if relevant.
- Request a nursery accident form: You should receive a copy of the nursery accident details noted in the nursery’s accident logbook.
If the nursery refuses to provide this, make a written request to higher management. You can also reference Section 2.63 of The Early Years Foundation Stage (EYFS) Statutory Framework, which states that all accidents, injuries, and first aid treatments should be recorded and shared with parents and carers. - Monitor for delayed symptoms: The full extent of your child’s nursery injury may not become immediately apparent. Head trauma, soft tissue injuries, and psychological distress can develop after the incident. Book another appointment with a medical professional if necessary for further assessment, and keep a copy of any developments.
- Collect evidence: As mentioned in the section above, you should try your best to collate any evidence that could support your claim, such as statements, medical reports, and photos.
How to make nursery accident claims with Tylers Solicitors
- Initial consultation: Once you fill out our contact form or call us on 0800 699 0079, one of our solicitors will be in touch to arrange an initial no-obligation consultation. During this meeting, we will discuss the details of your child’s case and advise you on the next steps if we believe there is a valid claim.
- Gathering evidence: To help build and strengthen your case, our child injury solicitors will assess any evidence you already have. We can also help you collect more if needed. We may also arrange for an independent party — like a medical professional or a child mental health psychologist — to further assess your child’s injuries for extra supporting evidence.
- Assessing the case: Once all evidence is gathered, it’s time to establish liability. After considering all injuries (physical, emotional, and mental), losses, and damages, we will determine your final compensation amount.
- Claim filing: With all the details and evidence of your child’s nursery injury compensation claim to hand, we can then file the claim on your child’s behalf, handling all of the legal jargon, negotiations, and paperwork.
Rest assured that if the claim ends up going to trial due to the offending party disputing their liability, we will happily represent your case in court.
No matter the extent of your child’s nursery injuries, our child injury solicitors will support and guide you through the whole process with care and empathy.
Compensation amounts for nursery injuries
How much compensation could you claim on your child’s behalf?
As with most child injuries, the more harm caused, the more compensation they are likely to receive. The total compensation amount will be determined based on the severity of harm caused, any long term impacts, financial or lifestyle losses, and any psychological distress.
For a general estimate, take a look at our nursery injury compensation calculator.
Need more information? Don’t worry, one of our professional claims solicitors will advise you along the way
Contact us on 0800 699 0079 or via our online contact form to start your claim today!
Compensation for severe nursery injuries
Brain damage and serious head injuries are two examples of severe nursery injuries resulting in long-term disability and significant pain with a serious impact on the child’s quality of life. Your child could be eligible for compensation up to £493,000.
Compensation for moderate nursery injuries
Moderate injuries tend to include severe fractures, concussion, and second to third-degree burn injuries with permanent scarring. Your child could be eligible for compensation up to £73,050.
Compensation for minor child injuries
Head bumps, bruising, sprains, cuts, and minor fractures are all types of minor injuries causing short-term harm. The prognosis for minor injuries tends to be within a few months. For these minor nursery injuries, your child may be eligible for compensation up to £15,580.
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Nursery accident claims FAQs
Can I claim child injury compensation on behalf of my child?
As the child’s parent or legal guardian, you will be able to file a nursery injury compensation claim on their behalf. You will become the child’s ‘litigation friend’, which is someone who represents a child in legal proceedings as they are unable to represent themselves.
Where will my child’s settlement money be kept?
Your child’s compensation award will be kept in a court approved trust or investment account under the Court Funds Office (CFO) until they turn 18. Once your child turns 18, they can access, withdraw, and spend the money as they please.
Can I gain access to my child’s injury settlement money in the UK?
You will not be able to access any of your child’s settlement money without a court order for exceptional circumstances. Only then, the compensation amount can only be used for expenses that directly benefit your child, such as medical treatment, therapy and education.
How long do I have to make a nursery injury claim for my child?
If your child is under 18, you can claim as a parent or guardian anytime before their 18th birthday. If no claim is made before then, the child can make the claim themselves from the age of 18 until their 21st birthday.
However, there are a few exceptions to this time limit:
- If the child injury claim involves serious brain injuries, there may not be a time limit if the child lacks the mental capacity to handle legal matters as an adult.
- In the rare circumstance that your child’s nursery injury was caused by criminal assault, the claim will need to be made within 2 years of the assault under the Criminal Injuries Compensation Authority (CICA).
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NO WIN - NO FEE
For any Child Injury Claims, call Tylers Solicitors today, a leading UK provider of no-win, no-fee legal services. Our experienced team will work with you to get the maximum amount of compensation you’re entitled to, following any kind of injury that isn’t your fault!