Water parks are an excellent way to cool down and have some fun during the warm summer days. While most people have a good, carefree…
School injury compensation claims
If your child has been injured in an accident at school that wasn’t their fault, you could be entitled to claim compensation on their behalf.
We are a claims management company regulated by the Financial Conduct Authority.
School Injury Claims
If your child has been injured at school, our partner solicitors can help you make a school injury claim and seek compensation for pain, suffering, medical costs and other related expenses.
School accidents can be frightening and may result in injuries ranging from minor cuts and bruises to severe fractures, head injuries, or even permanent disabilities. Whether the accident was due to inadequate supervision, unsafe premises, or faulty equipment, the school may be legally liable for any damages.
To speak to a legal adviser, call 0800 470 0474 or arrange a call back for a free consultation today. If you have a valid school accident claim, they will offer you a no win no fee agreement, so you only pay a fee if your claim is successful.
Key points about school injury claims
- Can I make a claim?
Yes, parents or guardians may be able to claim if a child was injured at school due to lack of supervision, unsafe equipment, or poor maintenance of school grounds. - Who is liable?
The school, governing body, academy trust or local authority is usually responsible for ensuring a safe environment for pupils. - How long do I have?
You can start a claim on behalf of a child any time before their 18th birthday, or the child can claim themselves up to age 21. - What could I claim for?
Compensation amount is based on the injury type and severity, treatment costs, ongoing care needs, and financial expenses. - Is it no win, no fee?
Yes, your solicitor will work on a no win, no fee basis, so you only pay a fee if the claim is successful.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
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Table of Contents
Can I make a school injury claim?
Yes, you may be eligible for compensation, but not every school-related accident can be attributed to school negligence. To determine whether you have a valid claim for a school accident, your solicitor will verify if:
- The school owed your child a duty of care.
- That duty of care was breached through negligence.
- That caused the school accident to occur.
- Your child was injured as a direct result.
A parent or legal guardian will typically claim compensation for an injured child. To make a claim on behalf of your child, you must usually act as their litigation friend. To do so, you must be suitable for the role and your interests must not conflict with your child’s.
Who is responsible if a child is injured at school?
In the UK, responsibility for the safety of children at school lies with the school staff and management. Several laws establish a legal duty of care:
- The Education Act 2002 (Section 175) – Schools must make arrangements to safeguard and promote the welfare of children.
- The Health and Safety at Work etc. Act 1974 – School premises and equipment must be kept in a safe condition to reduce the risk of accidents and injuries.
- The Occupiers’ Liability Act 1957 – School owners and occupiers must identify and correct any hazards on the premises and use clear warning signs when these cannot be immediately removed.
If your child was injured at school due to a breach of duty, you might have a valid school accident claim for compensation.
Time limits to claim compensation for an accident at school
The time limit to make a personal injury claim is generally three years after the date of an accident. However, this limitation period does not apply to child accident claims.
For children, the three-year time limit to make an accident at school claim does not begin until their 18th birthday. That means that a claim may be made on their behalf at any time before they turn 18. After that, they have until their 21st birthday to start a claim themselves.
However, the sooner you start a claim, the better, as it can become more difficult to gather evidence and establish liability for an accident over time.
How to claim compensation for a school accident
If your child was injured in an accident at school or in a nursery accident, there are several important steps you should take:
1. Seek medical attention
Ensure your child is assessed by a medical professional as soon as possible. Medical records from your GP or hospital will be used as evidence to show the type and extent of your child’s injuries.
2. Inform the school
Report the accident to the school and make sure it is recorded in the school’s accident records. You can ask for a copy of the entry to support your case.
3. Gather evidence
If possible, take photographs of the accident scene, any hazards, and your child’s injuries. Ask for the contact details of witnesses and a copy of any CCTV footage of the accident. Every piece of evidence can significantly strengthen your case.
4. Keep records
Keep detailed records of all medical treatments your child receives, medications, and rehabilitation costs. Also, keep track of any out-of-pocket expenses and lost wages if you had to take time off work to care for your child.
5. Contact a solicitor
If you believe the accident was due to school negligence, you should speak with a specialist personal injury solicitor as soon as possible. They can advise you on the strength of your case and the potential for compensation.
6. File your claim
Your solicitor will negotiate compensation with the school or their insurer. If you cannot settle, they will help you gather all the necessary evidence to argue your case in court and offer their support at every step of the process.
How much compensation is awarded for school injury claims?
The amount of compensation you may receive for an injury at school will depend on two types of damages, which are:
General damages – Compensation for the pain and suffering caused by the injury, and any ongoing physical or psychological effects, such as:
- Physical pain and suffering.
- Scarring and disfigurement.
- Reduced quality of life and impaired development.
- Loss of enjoyment of life.
- Emotional and psychological trauma.
Special damages – Compensation for any financial losses incurred as a result of the injury, such as:
- Medical treatment and rehabilitation costs.
- Travel expenses to and from medical appointments.
- Home tuition, if the child cannot return to school.
- The cost of mobility aids and other medical devices.
- Lost wages if you had to take time off work to care for your child.
You can refer to our personal injury compensation calculator to find out how much you could claim for your child’s school injury based on the Judicial College Guidelines. Alternatively, you can call 0800 470 0474 to receive an estimate from a specialist school injury solicitor.
Can I make a no win no fee school injury compensation claim?
Yes. If a solicitor agrees to take on your case, they will offer you a no win no fee agreement, also known as a Conditional Fee Agreement (CFA). That means you will not have to pay any legal fees to start your claim, or if your case is unsuccessful.
However, if your claim is successful, your solicitor will receive a percentage of the compensation awarded for the risk they took by signing a CFA. The success fee is agreed upon before starting legal proceedings and cannot exceed 25% of your settlement.
Common types of school accident compensation claims
Some of the most frequent accidents that lead to school injury claims include:
Playground accidents
Playground accidents are the most common type of school accident. Children may get injured using swings, slides, monkey bars, and other playground equipment. These are often due to poor maintenance or design, inappropriate use, or lack of supervision.
Sports injuries
Sports injuries in schools can happen during activities such as football, basketball, or rugby. Sports accidents can occur during organised activities, physical education classes, and informal games on school grounds during break times.
Slips, trips and falls
Slips, trips, and falls can be caused by slippery floors, uneven surfaces, loose flooring or objects left in walkways. Schools should regularly assess potential hazards that could cause slips or trips, and take steps to eliminate or mitigate them.
Accidents in science labs
Science labs can be dangerous places, and students can suffer severe injuries from explosions, fires, and chemical spills. Accidents in science labs can be due to a lack of proper training, inadequate use of equipment, lack of supervision or faulty safety equipment.
Bullying
Bullying is a serious issue that can lead to emotional and physical harm to students. While it may not always result in a physical injury, it can still lead to a claim against the school if reasonable steps were not taken to prevent or address it.
Accidents on school buses
School bus accidents can occur due to driver error, poor vehicle maintenance, inadequate safety measures, or the actions of other road users. Schools and bus companies must ensure that appropriate safety measures are in place and that drivers are properly trained and qualified.
Food poisoning
Food poisoning can occur after consuming contaminated food or water and can be due to school negligence. Schools must ensure that the food they serve is fresh, handled correctly, and that strict hygiene standards are respected in kitchens.
Accidents on school trips
Trips outside of school can be exciting and educational, but they can also pose certain risks. Students can sustain injuries from road accidents, outdoor activities, or unfamiliar environments.
Common injuries leading to a school accident claim
Accidents at school can result in minor to serious injuries to children, some of which can be life-changing. Common injuries that may lead to a school compensation claim include:
- Fractures to the arms, legs, and collarbones are common in falls and sports injuries.
- Head injuries, such as concussions and more serious traumatic brain injuries (TBIs), can result from falls or sports-related incidents.
- Cuts and bruises are common injuries that can occur from falls, sports accidents, or equipment failure.
- Sprains and strains are often caused by sports accidents, falls, or trips.
- Burns can result from science lab accidents or accidents in cooking class.
- Eye injuries can be due to exposure to hazardous substances, accidents in the science lab, or sports accidents.
- Bullying or harassment can lead to psychological injuries that may require specialist support.
Any other injury sustained by a child at school may be eligible for compensation. You should seek legal advice as soon as possible if you believe your child has been injured due to school negligence or a breach of duty on the part of the staff.
What happens with an injured child’s compensation?
If you secure compensation on behalf of your child, this will usually be kept in a protected court account until they turn 18.
This ensures the money is protected and cannot be spent by others. In some cases, you can apply to the court to access some of the funds early. This can be done if it would benefit the child, such as to cover their education and care costs.
Once the child turns 18, they will be able to access the full compensation payment, including any accrued interest, and choose how to use it to meet their needs.
Will I have to go to court to claim compensation?
If you make a school injury claim on behalf of a child injured at school, you will usually have to attend court if a settlement is reached. Even if your claim is settled out of court, you must go through an Infant Approval Hearing before a judge.
The purpose of the hearing is for the judge to consider the available evidence and determine whether the compensation awarded is fair and covers the child’s needs. Based on their age and the severity of their injuries, your child may also be asked to attend the court hearing.
If you believe you have valid grounds for suing a school for personal injury, call 0800 470 0474 or request a call back to receive a free consultation with a legal adviser. If your case has merit, they will offer you a no win no fee agreement so that you can seek compensation with total peace of mind.
