If an Injury Occurs… - CareforKids.com.au®

If an Injury Occurs…
What to do & what not to do

Injuries to children in care don't happen very often but when they do there is no question that the experience can be traumatic for the child, the carer/service provider and the parents.

It is important that as the service provider you:

1. Remain calm – easier said than done, but remaining calm will enable you to manage the situation and take the appropriate steps to assist the injured child and reassure the parents that the situation was handled with sensitivity and professionalism.

2. Be sympathetic and allow the parents to express their feelings.

3. Apologise that the injury has occurred but at no point admit or express any feeling that you or your staff’s negligence caused the injury. If you admit negligence (i.e., that your service caused the injury) this does not allow the insurer to fully investigate the circumstances and determine if the child was injured due to negligence or that it was simply an accident. Admitting negligence may void your Public Liability Insurance Policy leaving you without any insurance protection.

4. Collect as much information as you can as soon as possible so that the details are fresh in people's minds. You should complete an Incident Report Form. These details will assist your Insurer to determine if you were negligent or not and as such are legally liable.

5. It is also important to keep an Incident Register with full details of any incidents, no matter how minor, in case several years later, the injured child makes a claim. With injury to children, the child has until the age of 18 years plus at least 3 years depending on the Statute of Limitations to lodge a claim.

6. Notify your Insurer/Insurance Adviser as soon as possible after the incident has occurred and provide them with as much information as possible about the incident.

7. Do not reply to any correspondence relating to the incident. Direct all such correspondence to your Insurer/Insurance Adviser.

8. Do not offer to pay for any expenses or other compensation. This is why you have Insurance and you need to allow your Insurer/Insurance Adviser to handle this matter

9. It is also best if you don't mention your Insurance cover as more often than not this escalates the situation as the parent may view your Insurance as an opportunity to be paid financial compensation and encourage them to exaggerate the extent of the Personal Injury.

Altiora Childcare has more than 20 years experience working with the childcare sector.

If you would like to work with an experienced and dedicated insurance partner that shares your passion for childcare, contact our childcare insurance team on: