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Child Injured at School Compensation

Classrooms, playgrounds, school gyms and assembly areas can all be potentially hazardous environments if they are not managed correctly and if Health and Safety legislation is not adhered to. If your child has suffered a severe injury at school, and you believe the injury to be the fault of the school, you may be able to bring a claim for compensation against them.

Children in the classroom

Helpful Information

Minor trips and falls are commonplace in education settings, and often down to the carelessness of the children involved in the incident. However, there are many situations where children may sustain much more significant and avoidable injuries, that are no fault of their own. In these types of scenarios, you may be able to instigate a compensation claim against the school.

Bringing a claim for a child injured at school

Children at school, just like adults at work, have a right to a safe and accessible work environment and teachers have a duty of care to those entrusted to them. If your child is involved in an accident that is the result of another person’s negligence or lack of safety measures, you may have a right to claim compensation on behalf of your child.

Many claims are never filed as parents are simply unaware of the fact that they have grounds to seek compensation. They may also avoid instigating a claim because they are worried about expensive legal fees. If you are unsure about whether you have a case, you should speak to a qualified solicitor to seek advice.

Scenarios where you may have a basis to instigate a claim include:

  • Your child has experienced a traumatic injury on school premises
  • Your child has not been adequately protected from violent bullying
  • Your child has been assaulted or abused by a teacher or school staff member
  • Your school has failed to recognise symptoms of severe mental health disorders as a result of bully or harassment within the school
  • Your school has failed to adhere to Health and Safety legislation
  • Your school has illegally discriminated against your child in some way.

There will, of course, be many other specific scenarios that occur within a school environment that lead to a physical or mental injury to your child. If you have any doubt about the severity of the incident, contact one of our expert solicitors today for advice.

Speak to our legal team now about your case. Call us Freephone on:

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Frequently Asked Questions

Some of the questions we are often asked in relation to this topic.

  • Should I report my child's injury to the Ombudsman For Children?

    If a child is injured at school, the incident should first be reported to the school authorities and the child should receive appropriate medical attention. The school should follow its procedures for handling such incidents, including informing the child's parents or guardians. If the parents or guardians believe the school has not adequately addressed the incident or if there are broader safety concerns, they may escalate the matter to the Ombudsman for Children.

    Before contacting the Ombudsman, it is recommended to follow the school’s complaint procedures. If the issue remains unresolved, parents can document the incident, follow the school’s formal complaint process, and then contact the Ombudsman for Children via their website, email, or post for further assistance. More information can be found on the Ombudsman for Children’s website.

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  • Which laws in Ireland protect my child's safety at school?

    The Safety, Health and Welfare at Work Act 2005 provides protection for children at school by mandating that schools, as workplaces, maintain a safe and healthy environment for all occupants. It requires schools to conduct risk assessments, create safety statements, and implement safety management systems to identify and mitigate potential hazards. The act holds employers (school management) responsible for ensuring the safety and welfare of employees (teachers and staff) and indirectly extends these protections to students. By enforcing regular safety training, proper maintenance of facilities, and emergency preparedness (including fire drills), the act ensures that schools are proactive in preventing accidents and managing risks. Additionally, it promotes a culture of safety awareness, encouraging both staff and students to adhere to safety protocols, thereby creating a secure learning environment for children.

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  • What happens if a school contravenes this act?

    If a school contravenes the Safety, Health and Welfare at Work Act 2005, it may face inspections and enforcement actions by the Health and Safety Authority (HSA), which can include improvement notices, prohibition notices, and prosecution. If your child is injured due to the school's negligence in adhering to the act, you can bring a personal injury claim against the school. This typically involves demonstrating that the school failed to meet its legal safety obligations, leading to the injury. Legal action can result in compensation for medical expenses, pain and suffering, and other related costs. It's advisable to consult a solicitor specialising in personal injury or education law to assess the case and guide you through the legal process.

Compensation for a child injured at school

If your child has suffered an avoidable injury at school, get in contact with our specialist education claims solicitors today to make a start on your claim or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on info@mccarthy.ie and we will get back to you as soon as we can.

McCarthy + Co Personal Injury Team CTA

About McCarthy + Co

With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has assisted many parents in seeking compensation for accidents in education-related settings. Any child injured at school deserves the compensation that they are entitled to and our solicitors can help you to attain it. We are a family-run business, and we pride ourselves on offering honest, impartial, and helpful advice.

Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance, and assistance on any form of personal injury.

Useful Resources

Some links relating to this topic that you may find useful.

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Our Partners

Directly contact our partners via email about your case.

Flor McCarthy

Flor McCarthy

Email: flor@mccarthy.ie
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Twitter: @flormccarthy LinkedIn: /in/flormccarthy/

wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

John McCarthy

Email: john@mccarthy.ie
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LinkedIn: /in/johnmccarthysolicitor/

is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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