If you or your child sustained injuries while on school premises, you may be able to seek personal injury compensation in an accident at school claim. In this guide, we look at school accident claims eligibility criteria. This is illustrated with examples of school liability accidents.
If you satisfy the criteria, you may want to know more about the time limit you have to start the school accident claims process. We examine this, in addition to looking at examples of items you could submit in support of a personal injury compensation claim. We also look at how compensation may be calculated for school accident claims and how a No Win No Fee solicitor could help you.
An advisor from our team could assess your case and if they think you may have a valid claim, could connect you to a No Win No Fee solicitor from our panel. Find out more about how to claim compensation for an accident at a school by contacting us via:
- Call an advisor on 0800 408 7825
- Chat to us using the pop-up on this page,
- Fill out our ‘contact us’ form for a call back
Browse Our Guide
- Who Is Responsible For Children On School Premises?
- Can I Claim If My Child Is Injured On School Property?
- What School Accidents Could Lead To A Child Injury Claim?
- Can I Claim As A Teacher Who Had An Accident At School?
- How To Make An Accident At School Claim
- How Long Do I Have To Make A School Accident Claim?
- How Much Compensation Could I Get In My Accident At School Claim?
- Can I Make A No Win No Fee School Injury Claim?
- More Resources About Making A Compensation Claim
Who Is Responsible For Children On School Premises?
If your child is on school premises, the school owes them a duty of care. This means that the school is legally obligated to take reasonable measures to ensure the safety of children and prevent them from being injured while on the premises.
Under health and safety legislation, the school is required to:
- Ensure risks are effectively managed.
- Assess risks and put in place control measures.
- Record risk assessment details and the measures taken to reduce these risks.
School injury claims are not limited to children. Parents, teachers and visitors who were injured whilst on school premises may be eligible to claim compensation.
Contact our team to find out if we can help you with an accident at a school claim.
Can I Claim If My Child Is Injured On School Property?
If you are a parent or guardian of a child who has been injured on school property, you could be able to make an accident at a school claim on your child’s behalf.
Schools should have a health and safety policy that sets out their responsibilities and the steps they should take to ensure children are kept free from harm. If they fail to do so and your child sustained injuries, you could be eligible to launch a personal injury claim on their behalf.
However, in order to file a school accident claim, you need to show that:
- The school owed your child a duty of care as a pupil on their premises. Teachers and school staff must look after pupils while they are on the school’s premises, or while undertaking associated activities, such as a school trip.
- That the school failed to meet this duty of care. For example, they may have failed to maintain school facilities to a safe standard.
- That this breach in their duty of care caused your child to be injured.
Learn more about making school accident claim by talking to one of our advisors today.
What School Accidents Could Lead To A Child Injury Claim?
There are steps which schools can take in order to minimise the risk of children being injured on school premises.
Examples of school accidents include:
- Playground accidents: Defective equipment, a lack of proper maintenance or inadequate supervision could result in injuries. For example, a slide could have sharp pieces that could result in a laceration injury if it is not taken out of use until it can be repaired.
- Slip, trip and fall accidents: Poor housekeeping policies can result in broken walkways, pavements or stairs not being noticed or reported if they are. Additionally, defective handrails on staircases can lead to falling down the stairs. Inadequate lighting can also lead to accidents.
- Faulty or damaged classroom equipment: Schools should ensure that all classroom equipment is safe for use. If a child were to sit on a known faulty chair, the chair could break, causing the child to suffer an injury.
These are only a few examples of how a child may suffer an injury at school. Direct any questions about what incidents could result in an accident at school claim to an advisor from our team.
Can I Claim As A Teacher Who Had An Accident At School?
Under the Health and Safety at Work etc. Act 1974 (HASAWA) schools owe teachers (and all other staff members) a duty of care to take reasonably practicable steps to ensure their health, safety and welfare whilst at work. To do so, schools should:
- Identify potential hazards by carrying out risk assessments and take steps to reduce these.
- Provide teachers with adequate training as well as any necessary personal protective equipment. For example, a lack of manual handling training can cause a back injury if a teacher has to move heavy objects without the correct training or appropriate equipment.
- Maintain school facilities and classroom equipment. For example, a teacher could suffer a burn injury at work due to faulty equipment in a chemistry lab or other school facility.
Should a school breach the duty of care that they owe to staff members and you sustain injuries as a result, you could be eligible to file an accident at school claim.
Contact our advisors today if you have been injured as a staff member while at school to see if you could be eligible to make a personal injury claim.
How To Make An Accident At School Claim
In order to claim compensation for an accident at school, you should report the accident to the relevant member of staff as soon as you can. Whether a child, teacher, parent or other person has been injured, the accident and injuries should be recorded in line with the school’s policy. This can be an important piece of evidence in later proving a personal injury claim.
Medical attention should also be sought at the earliest possible time. You can request a copy of your or your child’s medical records, which can also help to prove any personal injury claims.
Further forms of evidence which support your accident at school claim includes:
- Footage from any internal or external CCTV systems.
- Photographic evidence of the injuries suffered.
- Photographs of the scene and cause of the accident. For example, if the accident was caused by faulty equipment or a broken floor, photos of this can help to support your claim.
- The contact information of anyone who witnessed the accident taking place. This is so they can provide a statement later on.
Our advisors could provide you with more information on how the personal injury claims process works. Additionally, they could also put you in contact with a solicitor on our panel who could help with gathering evidence for your claim as part of their services.
How Long Do I Have To Make A School Accident Claim?
Under the Limitation Act 1980, the standard time limit to start any personal injury claim is three years from the date of the accident. However, in the case of a child’s accident claim this time limit is suspended until they are eighteen.
An adult will need to be appointed to act as a litigation friend, should they wish a claim to be made prior to the child’s 18th birthday. This could be someone close to the child (such as a parent or guardian) who can act on the child’s behalf and in their best interests.
A litigation friend may start a school injury claim at any time prior to the child turning 18. However, starting the claim earlier can make it easier to access supporting evidence, such as getting witness statements or footage from CCTV systems.
If an accident at school claim has not been made for the child by the time they turn 18 they will then have three years in which to start a claim on their own behalf.
There are other exceptions to this time limit. Please contact one of our advisors to find out more.
How Much Compensation Could I Get In My Accident At School Claim?
If you make a successful accident at school claim, either for yourself or on your child’s behalf, your compensation payout may be made up of two heads of claim. These are general damages (awarded for physical and/or psychological pain and suffering caused by the injuries) and special damages (to compensate for associated financial losses).
How much compensation may be awarded will depend on several factors. These may include:
- The severity of the injuries.
- The duration of recovery.
- What treatment was needed.
When calculating compensation for pain and suffering, solicitors or other legal professionals responsible for valuing claims may refer to the Judicial College Guidelines (JCG). This document contains compensation guidelines for different injuries.
In the table below, we look at JCG figures for a few injuries that could be relevant to school accident claims. Please note that the first row is not taken from the JCG and includes compensation for financial losses. As all school injury claims are different, the table is only intended as a guide.
| Injuries | Seriousness | Compensation Bracket |
|---|---|---|
| Multiple severe or serious injuries + financial losses | Serious to severe | Up to £1,000,000+ |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Hand injuries | Serious (e) | £35,390 to £75,550 |
| Hand injuries | Less serious | £17,640 to £35,390 |
| Elbow injuries | Severe disabling injury (a) | £47,810 to £66,920 |
| Knee injuries | Severe (a) (iii) | £31,960 to £53,030 |
| Knee injuries | Moderate (b) (i) | £18,110 to £31,960 |
| Wrist injuries | Significant permanent disability (b) | £29,900 to £47,810 |
| Leg injuries | Less serious (c) (i) | £21,920 to £33,880 |
| Foot injuries | Moderate (f) | £16,770 to £30,500 |
Financial Losses
You may also be able to claim for special damages. When claiming compensation for your financial losses, you will need to supply evidence. This could include receipts or bank statements.
Examples of financial losses you could claim for include:
- Loss of earnings. You may have had to take time off work to care for your child’s injuries or if you were injured in a school accident.
- Costs related to travelling to a medical appointment.
- Professional care costs.
- The cost of adapting your home or a vehicle.
You can find out more about how compensation payout amounts for an accident at a school claim may be calculated by contacting our team.
What Happens To A Child’s Accident Compensation?
If you make a successful claim for a child’s injuries, any compensation awarded is not paid directly to them or to the person acting as a litigation friend. The Court Funds Office (CFO) will place the settlement into a trust to be held until the child is eighteen.
Withdrawals may be made from the trust to benefit the child. For example, you may be able to withdraw funds in order to pay for medical treatment.
Once the child turns eighteen, they can make an application to the CFO for their funds to be released and transferred to them.
Our team could help you to make an accident at school claim on behalf of a child. Contact them today to discuss your particular case.
Can I Make A No Win No Fee School Injury Claim?
If you are eligible to make an accident at school claim, you could have the support of a No Win No Fee solicitor. When you contact us, an advisor will ask you a few questions. They may ask about you or your child’s injuries and how the accident happened. They will then assess if you could make a school accident claim.
If the advisor thinks you have good grounds to claim compensation for you or your child’s injury, they could connect you to a specialist solicitor from our panel who may be able to work on your case through a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
When starting a claim on a No Win No Fee basis you will not have to pay your solicitor for their work, nor will you do so if your claim is unsuccessful. If you do win your case, the solicitor will deduct a success fee from your compensation. This amount is capped as a percentage of your compensation.
Contact Us About Your School Accident Compensation Claim
Start your school accident compensation claim by getting in touch with a member of our team today.
- Phone us now on 0800 408 7825
- Use the ‘contact us’ form to ask for a callback.
- Chat to us via the pop-up on this page.
More Resources About Making A Compensation Claim
Additional resources on personal injury claims from our site:
- Information about filing a child injury claim, including eligibility criteria.
- In this guide we at how to make a personal injury claim on behalf of someone else.
- Find out how to claim compensation if your child got hit by a car in this guide.
Further external resources:
- Advice on performing first aid from the NHS.
- This government resource looks at statutory guidance on keeping children safe in education.
- You can find out how to report a serious child safeguarding incident in this government resource.
Thank you for reading our guide on how to make an accident at a school claim. Please contact our advisors with any additional questions you may have.