School Accident Compensation Claims
If your life, or the life of a loved one, has been affected by a school accident we can help.
The purpose of this guide is to help anyone who has suffered a school accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
school accident compensation:
During the past five years, compensation payments totalling £3.3 million have been made to the parents of children injured in schools across Greater London, Birmingham and Greater Manchester.
Teachers and support staff may make a work accident claim for injuries sustained during their employment. Parents and visitors who sustain illness or injury on school grounds may also be able to claim.
What are the causes of school accidents?
The most common types of school accidents include:
- slips, trips and falls within the school premises
- accidents involving play equipment
- injuries caused by dangerous school buildings, playgrounds and walkways
- injuries caused by unsafe school equipment such as desks and chairs
- school sporting accidents
- food poisoning caused by food prepared and served on the school premises.
The amount of compensation the claimant will receive depends on the extent of their injuries and the impact these injuries have had on a claimant's life, rather than the cause of the injury.
However, for the purposes of making a personal injury claim, the cause of the injury does matter. It must be shown that the accident caused the claimant's injuries, and that the accident itself was caused by another party's act or negligence.
School trip accidents
Accidents may also occur while the student is away from the school premises on a school trip. Depending on the circumstances of an accident that occurs on a school trip, the school may be liable.
For example, a child may be injured while on a school nature walk. In this situation the school has a duty to supervise the children and keep them safe from reasonably foreseeable injury. If the school fails in their duty, it may be possible to make a claim.
Teachers may also claim for injuries sustained while on a school trip, depending on the circumstances of their injury.
Accidents outside schools
Accidents involving pedestrians outside the school gates are not uncommon. Data from a leading road insurance compensation indicates that 11- and 12-year-olds are particularly at risk of being injured in a road accident on the school journey.
Drivers are expected to be on alert when driving close to a school. Signage is frequently used to indicate that schoolchildren are likely to be crossing the road.
Even where witness statements or CCTV footage suggests that a child has not looked before stepping off the kerb, a compensation claim may still be possible. The claim could succeed on the basis that responsibility for the accident is shared by both the child and the driver.
Who can make a school accident claim?
If a parent, visitor or teacher was injured in the last three years as a result of a school accident that was not their fault, he or she may be eligible to claim compensation.
Where the school accident involves a minor child, the child's parent, guardian or relative may bring a claim on the child's behalf. This person, known by the Courts as a 'litigation friend,' will be responsible for taking decisions in respect of the claim.
Who can you make a claim against?
Claims are brought against the operator of the school, nursery school or college. In the case of state schools, the defendant usually will be the local authority.
Where the accident involves a member of staff, the claim will be made against the employer. The school will have taken out insurance to cover the cost of compensation in the event of an accident. Read more about claiming compensation following an accident at work.
Is the school liable for a school accident?
Children are expected to be naturally inquisitive and less aware of hazards that an adult would recognise. The law requires schools to therefore take extra precautions to supervise children and keep them safe, above the standard expected of a company employing adults. The younger the child, the more safety precautions should be taken.
The Courts do not expect schools to protect a child from every accident. Schools are, however, expected to take reasonable steps to prevent those accidents that can be reasonably foreseen. To win a claim, the claimant's solicitor will need to establish that the school failed to use reasonable care to make sure the child was not injured, and that the child was injured as a result.
Each case will turn on its facts. For example, a child may fall from a climbing frame in the playground and break their arm.
The school may argue that the frame has passed all required safety checks and that no amount of supervision would have prevented the fall. The Courts are likely to accept this argument.
If, however, the climbing frame was too high for the age of the children using it, or if the school failed to install bark or safety matting to cushion the fall, then the school may be judged to have not taken the proper precautions to prevent the accident.
A claim is likely to succeed if the school has breached specific guidelines laid down by the Government and education authorities regarding school health and safety.
The amount of money you could claim for your school accident will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your school accident has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a school accident? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a school accident claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a school accident will depend entirely on your specific circumstances.
Your school accident compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Will I have to pay tax on my school accident compensation?
If you receive financial compensation following a school accident injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
School accident compensation
Calculating how much compensation you can claim for a school accident injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your school accident claim could be worth now:
How long does a school injury claim take?
How long it can take to get compensation for a school accident can vary significantly.
For example, if the school accepts liability, a claim could be settled in a few months. However, if liability is denied a claim can take considerably longer. Normally a child injury claim takes 4 to 9 months. For more information on how long your claim could take, read: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your school accident claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How soon after a school accident must claim be made?
Claims can be brought on behalf of a child at any time up to their 18th birthday. An injured child has another three years, until the date of their 21st birthday, to begin their own claim if they choose.
Witnesses memories fade over time and other evidence may be lost. Claimants are therefore advised to start their claim as early as possible as this gives the solicitor a greater chance of making a successful claim.
No win, no fee, no risk
No win, no fee means that your solicitor will not charge you anything if your school accident claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
Our no win, no fee promise
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your school accident injury. Read more about making a No win, no fee claim
What do I pay if I win my school accident claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my school accident claim?
If your school accident claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. school accident claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
School accident FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a school accident claim?
In general, you have a time limit of up to 3 years from the date of the school accident to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your school accident claim becomes 'statute barred'.
Can I claim for a school accident after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim school accident compensation.
In reality, there are a number of factors that can affect whether a school accident claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.