Child Accident
Do break-time injuries warrant compensation?
A recent survey of 150 authorities in England has revealed a string of successful child accident claims for trips, slips and accidents in schools. In previous years, these would have been simply dismissed as ‘accidents’, the child would be treated for what are often minor injuries and that would be that. But in a growing ‘claim for blame’ age, more of these simple accidents are being treated as far more serious, and compensation is being awarded accordingly.
In total, 131 out of 150 authorities responded to the survey, which revealed payouts totalling over £1.7million in the 2007/08 financial year, in response to 399 claims. Critics of this ‘claim culture’ mentality call the eagerness of some parents to claim for simple accidents as ‘short-sighted greed’, resulting in higher premiums for insurance across the board.
Chris Woodhead, the former chief inspector of schools, said: "Sadly, we live in a world where too many people want to make money out of the slightest misfortune. Those who are quick to claim forget that other people will have to fund the money they receive through increased taxes to pay for higher insurance premiums". Some of the claims that have received paid settlements include a boy who slipped on wet leaves (£5,000), a pupil who broke their wrist when pushed out of a toy car by another pupil (£4,000) and a boy who fell from a climbing frame (£21,650). The amounts here are not insubstantial, and critics feel that the authorities are paying out willingly, rather than contest the cases. The opinion is that more of these ‘child accident’ claims will occur, as claimants have up until their 21st birthday to claim for a childhood accident. So is claiming for a break time injury really justified?
Depending on the severity of the injury, then yes. Schools, like hospitals, have a duty of care to provide a safe environment for their pupils, both inside the classroom and outside. The majority of schools maintain very high levels of safety within their boundaries, but it is inevitable that accidents will happen. After all, it is impossible to stop children climbing, running and playing. The question is how that care is administered, and if some injuries are preventable. If the answer to that is yes, the injury was preventable, then a compensation claim is justified.
Not all childhood injuries are minor bumps and bruises. Serious injury can debilitate a child, possibly for life. It can affect their schooling, necessitating home tuition, leading to a loss of income for the parents, as they are required to care for their children around the clock. Extensive treatment may be expensive, requiring specialist care or equipment. In cases such as this, the only recourse may be a compensation claim to help finance the special needs of a child injured in what is supposed to be a safe environment. It is also essential to pursue claims like this to prevent it from happening to another child. If the school has failed in its duty of care and not provided a safe environment, then they must be made aware of that fact so that it can be redressed.
Talking to a specialist injury claims solicitor can help take some of the stress out of what is an incredibly worrying time for parents. If your child has been injured at school, and the injury is a minor one, a claim may not be justified, but asking a specialist child accident solicitor will give you the answer. However, if that child is suffering and will continue to do so as a consequence of their injury, then do not feel that because you are dealing with a school that you are giving in to a ‘claim for blame’ mentality. Sometimes, break-time injury claims are justified, and most of the time that is exactly why they have insurance, so it is normally not the school that has to pay out.
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