Child care is essential for many working parents. We entrust childcare centres to look after our children and keep them safe from harm. But unfortunately things don’t always go according to plan.
If your child is injured at day-care, the centre must inform you as soon as possible and complete an incident form. Injured children that make a full recovery will not have a legal claim. However if your child has ongoing problems resulting from an injury at childcare, you should seek legal advice as soon as possible.
Regardless of whether you have a legal claim, concerned parents should raise their issues with the childcare centre, child’s educator or the director. Depending on the nature of your concern, a complaint can also be made to the Department of Education and Training who will assess the complaint and investigate. The Department will appoint an authorised officer who will always investigate any complaints where a child’s health, safety or well-being may be compromised.
A childcare centre owes a ‘duty of care’ to the children in their supervision. If you can prove that this duty of care has been breached, you may be able to claim compensation.
In order to pursue a legal claim against the childcare centre, you must be able to prove the following:
As children love to play, run and explore, we need to mindful that not all injuries will happen as a result of negligence by the childcare centre.
Some tips to consider if your child is injured at childcare:
For a no-obligation discussion about your child’s injury or your concerns about a childcare centre, call Adviceline Injury Lawyers (03) 9321 9988. We act on a No Win No Fee basis.Go Back