Compensation Payouts In Nursery Accident Claims

Nurseries are supposed to be safe learning environments for children. When this isn’t the case, and a nursery’s negligence causes you or your child harm, you could claim nursery accident compensation. Injuries at a nursery can happen to the children, the parents or the staff and can be caused by the environment as much as by a toddler’s inquisitiveness. This guide will take you through the circumstances in which you could claim nursery accident compensation, the role of litigation friends, and the applicable legislation. 

Following an injury at a nursery, you can contact our team of advisors. All consultations are free, and someone is available to answer your call 24/7. If you are able to make a valid claim, our advisors could connect you with our panel of personal injury solicitors. However, you won’t be under any obligation to proceed with their services if you get in touch. 

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nursery accident compensation

A guide on claiming nursery accident compensation

Choose A Section 

  1. Guidance On Claiming Nursery Accident Compensation
  2. Determining Compensation For A Nursery Accident
  3. Understanding Accidents At Nurseries
  4. What Can You Do To Get Nursery Accident Compensation?
  5. What Happens If I Can Get A No Win No Fee Agreement?
  6. More Information On Claiming Nursery Accident Compensation

Guidance On Claiming Nursery Accident Compensation

In order to claim nursery accident compensation you would need to establish:

  • The other party owed you (or a child) a duty of care
  • They breached this duty of care, causing an incident or accident
  • You (or a child) suffered an injury as a result

If you can show this, you could have an eligible claim. If the person that was injured is under 18, you could claim on their behalf as a litigation friend. 

Determining Compensation For A Nursery Accident

How much you could seek in a successful nursery accident compensation claim depends on a number of factors, such as:

  • the severity of the injury
  • how much enjoyment of life was affected
  • financial losses associated with the injury

There are two heads of claim in any personal injury case: special damages and general damages.

General Damages

General damages are awarded in any successful personal injury claim. They are awarded to compensate for the physical and psychological pain, suffering and loss of amenity that you suffer due to your injury. 

Legal professionals may use the Judicial College Guidelines (JCG) to aid when valuing general damages. The JCG lists potential compensation brackets alongside a variety of injuries. With this in mind, we’ve used figures from the JCG in the compensation table below. Please note that the table is for illustrative purposes only. If you’d like our advisors to value your claim for free, get in touch. 

InjurySeverityCompensation BracketNotes
Injuries Affecting Sight (e)Complete Loss of Sight in One Eye£49,270 to £54,830There is a risk of sympathetic ophthalmia; however, the scarring around the eye is not terrible enough for a separate award.
Injuries Affecting Hearing (c)Total Loss of Hearing in One Ear£31,310 to £45,540Total loss of hearing in one ear. Cases will lean towards the higher bracket with the appearance of associated issues such as tinnitus, and dizziness or headaches.
Digestive System (b) (i)Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning£9,540 to £19,200Serious but short-lived food poisoning. Vomiting and diarrhoea over a month. There will be some residual discomfort in the digestive system. This will impact the enjoyment of food and any of these symptoms lasting longer will warrant increased compensation.
Back injuries (c)Minor (ii)£4,350 to £7,890A full recovery takes place with no surgery in around one to two years.
Shoulder Injuries (d)Minor (i)£4,350 to £7,890The severity of the original injury will be considered, injuries of this type consist mostly of soft tissue with considerable pain but almost complete recovery. To qualify for this bracket, recovery is a process taking less than two years.
Other Arm Injuries (b)Injuries Resulting in Permanent and Substantial Disablement£39,170 to £59,860Serious fractures of one or both forearms with significant and permanent disablement.
Hand Injuries (e)Serious£29,000 to £61,910Injuries will halve the hand’s effectiveness. This could include the amputation of fingers, then rejoining leaving it clawed and clumsy.
Leg Injuries (c)Less serious (ii)£9,110 to £14,080Simple fracture of the femur with no damage to articular surfaces.
Ankle Injuries (d)ModestUp to £13,740Minor or undisplaced fractures, sprains and ligamentous injuries. Placement in this bracket will be the degree to which the ankle heals and if it has a tendency to 'give way'.
Toe Injuries (e)ModerateUp to £9,600Straightforward fractures or the exacerbation of a pre-existing degenerative condition.

Special Damages

Unlike general damages, special damages are not awarded in every claim. These are used to compensate for the financial losses attributed to your injury. These can include: 

  • A loss of income
  • Loss of the ability to earn. You could be compensated if you cannot return to your pre-injury position or are made to take on a lower-paid job.
  • Medical costs, such as for prescriptions.
  • Travel to and from hospital appointments. 

You’d need to prove special damages with evidence such as invoices, payslips or receipts.

Understanding Accidents At Nurseries 

In order to claim nursey accident compensation, you may need to understand what legislation applies to your experience. 

Under the Occupiers’ Liability Act 1957, the responsibility for visitor safety in an area accessible to the public rests with the party in control of the area. This means an occupier must take reasonable steps to ensure the protection of the wellbeing of visitors. This is also known as a duty of care. Proving that this duty of care is owed, was breached and caused your injury, is key to making a claim

If you were injured in a nursery as an employee, the Health and Safety at Work etc. Act 1974 could be helpful for you. Under this law, an employer has to protect the safety and wellbeing of employees. It should take reasonable measures to do this. If they breach this duty of care and it causes you injury, you could claim.

Time Limits

Usually, you would need to make an injury claim within three years of your initial injury or three years from the date you gained knowledge that negligence at least contributed to your injury.

If your child is injured due to the nursery’s negligence, they cannot establish a claim themself. A litigation friend, who could be a parent or guardian, would need to do so on their behalf. However, if nobody does this on behalf of the child before their eighteenth birthday, the three-year time limit begins on that date. 

What Can You Do To Get Nursery Accident Compensation?

Immediately following the accident, there are a number of steps you can take to prepare your nursery accident compensation claim. In order to best support your claim, you can begin to gather evidence

  • Witness contact details from those present for your accident. If you choose to use the services of a solicitor when claiming, they can contact the witness for a statement. 
  • CCTV cameras are common in workplaces, and if there is one that could have caught your accident on video, you can request the footage
  • Photographs can illuminate the severity of your injury and be a record of the event. Furthermore, photos taken immediately after the accident may show what caused the accident. 

You can also seek legal advice. Our advisors are available 24/7 and can provide you with a free consultation. Seeking legal advice can be an efficient way of finding out how you can best prepare your case. 

 What Happens If I Can Get A No Win No Fee Agreement? 

If you’d like to use the services of a solicitor to help you seek nursery accident compensation, our panel offers No Win No Fee agreements for all claims they take on. This is an umbrella term for a series of similar agreements; however, here, it represents a Conditional Fee Agreement (CFA). 

The benefits of a No Win No Fee agreement include:

  • You don’t have to pay the solicitor an ongoing fee for their services.
  • You don’t have to pay the solicitor this fee upfront.
  • You’d only pay this fee if the claim wins. It’d be paid as a percentage of your compensation, but this percentage is capped by law. You can also discuss this percentage with the solicitor before you agree to use their help.
  • If the claim loses, you don’t have to pay the solicitor this fee.

Following an injury at a nursery caused by third-party negligence, you can contact our team of advisors. All consultations are free, and someone will answer your call 24/7. If you would like to further your claim, you can be referred to a panel of solicitors. 

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  • Telephone the number at the top of the page
  • Contact us directly via our website
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More Information On Claiming Nursery Accident Compensation

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Publisher Ruth Vaughn

Writer Ryan Ward