Son's accident in school....A&E

Grace_31 · 19-05-2016 12:34pm #1

Hi there,
Just a query I have. My son, fell in the school yard when he was in Senior Infants (now in 3rd class). I was contacted immediately by the principal who advised that he had turned over on his foot and it was quite swollen and bruised. I collected him and brought him to A & E where he was x-rayed and it was a fracture. He was in a cast for 3 weeks and had to use crutches. I pay for the personal insurance through the school so there was no cost to me.
While he was on crutches I had to consult with my solicitor to make a will. I had my son with me and the solicitor asked me what happened. I briefly explained and he made a comment that I should seek compensation for neglect. I laughed it off as all kids play and run and fall over. I am not the type to seek a claim for no reason. It was simply a hiccup that we could have done without but did not pursue it. He then said "well you have until he is 18 to take it further if you wish".
As I said this has been a few years back now. Anyway, of late my son has been complaining of pains in his ankle. He has been playing outside a bit enjoying the weather, but I began thinking more about it. Since the injury he never really had the full strength of it again and he was never referred for physio, the advice given that he was young enough that his bones are continually growing etc and it was unnecessary.
If he ever goes down its always the leg that was injured that gives way making me think that he is weaker in that side now as a result.
Can anyone give advice on what I should do about this?
Thanks in advance.

goldenhoarde · 19-05-2016 12:41pm

Grace_31 wrote: »

Hi there,
Just a query I have. My son, fell in the school yard when he was in Senior Infants (now in 3rd class). I was contacted immediately by the principal who advised that he had turned over on his foot and it was quite swollen and bruised. I collected him and brought him to A & E where he was x-rayed and it was a fracture. He was in a cast for 3 weeks and had to use crutches. I pay for the personal insurance through the school so there was no cost to me.
While he was on crutches I had to consult with my solicitor to make a will. I had my son with me and the solicitor asked me what happened. I briefly explained and he made a comment that I should seek compensation for neglect. I laughed it off as all kids play and run and fall over. I am not the type to seek a claim for no reason. It was simply a hiccup that we could have done without but did not pursue it. He then said "well you have until he is 18 to take it further if you wish".
As I said this has been a few years back now. Anyway, of late my son has been complaining of pains in his ankle. He has been playing outside a bit enjoying the weather, but I began thinking more about it. Since the injury he never really had the full strength of it again and he was never referred for physio, the advice given that he was young enough that his bones are continually growing etc and it was unnecessary.
If he ever goes down its always the leg that was injured that gives way making me think that he is weaker in that side now as a result.
Can anyone give advice on what I should do about this?
Thanks in advance.

first off legal advice isn't permitted as per charter.

Maybe go to your GP who may to refer him to a physio or for xrays etc to see if there is anything wrong first before anything else.

Grace_31 · 19-05-2016 12:55pm

Ok sorry about that. Thanks very much for your response.

alchemist33 · 19-05-2016 1:00pm

See a doctor. Are the school expected to ban breaks now, because that's the implication of any claim.

unseenfootage · 19-05-2016 1:28pm

It sounds like OP feels that the hospital A&E is to blame for not referring the child for physio because "he was young enough that his bones are continually growing etc and it was unnecessary."

nhunter100 · 19-05-2016 1:35pm

So why mention the words of a solicitor. School insurance is to cover the costs of an accident in school it even extends for after school as well . My read though is the op seems to think the school and a/e is responsible for her son's fall and occasional pain.

joe40 · 19-05-2016 1:40pm

I think some posters are been very unfair to the OP. the accident happened 3 years ago and if she had been a money chasing type the claim would have been put in then. Her son had quite a serious accident but she was perfectly sensible and reasonable and accepted that it was just an unfortunate accident. It now appears that the injury may have been more serious. She is entitled to look at compensation route and also query the medical care. Probably nothing there but just in case doctors do make mistakes.
If any of the people criticising the lady was involved in a road accident where they were injured you can be sure they would be going down the compensation route.
I have to pay personal accident insurance for my children and while absolutely agree the claims culture is ridiculous I would not put this poster in that category. What is the purpose of the personal accident insurance that schools make us pay. If the school neglectful would it not come out of their own insurance.

honreal · 19-05-2016 1:59pm

'seek compensation for neglect' are the words from the Solicitor. How will you or he be able to prove neglect. Children fall all the time from running about playing so broken bones, bumps and bruises are expected at that age. I doubt the school is liable for neglect here unless there's more to the story than we read but as it reads your son fell through his own doing so why should the school be claimed against.

It's not the schools fault that the injury was miss treated and now as a result of this miss treatment their are issues. The school I guess did all they could for you and your child (rang you to inform you, prob paid through insurance all costs related) so it would be wrong in my opinion to chase them for a neglect claim.

I would say your best bet is to get a second opinion from a Doctor and see if your son can get the physio he was not provided with at the start.

Your solicitor is seeing money signs for himself, it's his job to represent people in these circumstances so of course he gonna say claim.... doesn't mean it's the right thing to do

nhunter100 · 19-05-2016 2:00pm

joe40 wrote:

I think some posters are been very unfair to the OP. the accident happened 3 years ago and if she had been a money chasing type the claim would have been put in then. Her son had quite a serious accident but she was perfectly sensible and reasonable and accepted that it was just an unfortunate accident. It now appears that the injury may have been more serious. She is entitled to look at compensation route and also query the medical care. Probably nothing there but just in case doctors do make mistakes. If any of the people criticising the lady was involved in a road accident where they were injured you can be sure they would be going down the compensation route. I have to pay personal accident insurance for my children and while absolutely agree the claims culture is ridiculous I would not put this poster in that category. What is the purpose of the personal accident insurance that schools make us pay. If the school neglectful would it not come out of their own insurance.

I paid insurance for both my sons whilst they were in school. Both broke their wrists while playing in school, the insurance covered all medical costs. Did I pursue compensation? No because my boys fell while taking part in an activity that falling is a common occurance. No one's fault or responsibility just an accident.

hullaballoo · 19-05-2016 2:09pm

Moderator: No high horsing. Arguments are to be based on reason, logic and the law, as per the forum charter.

StupidLikeAFox · 19-05-2016 2:11pm

nhunter100 wrote: »

I paid insurance for both my sons whilst they were in school. Both broke their wrists while playing in school, the insurance covered all medical costs. Did I pursue compensation? No because my boys fell while taking part in an activity that falling is a common occurance. No one's fault or responsibility just an accident.

What would you have done if you found there was some lasting damage a few years down the road? (as has happened to the OP here)

honreal · 19-05-2016 2:15pm

StupidLikeAFox wrote: »

What would you have done if you found there was some lasting damage a few years down the road? (as has happened to the OP here)

If you took a fall walking to your car in the staff car park one day and break your leg, all through your own doing and you notice a year or two down the road your leg may not have received the proper treatment.... what would you do? Would you claim for compensation even tho your employer did not directly cause the injury but it did happen on their grounds.

Maybe it's just me but I don't see the argument for claiming for compensation when the school is not at fault.

joe40 · 19-05-2016 2:15pm

nhunter100 wrote: »

I paid insurance for both my sons whilst they were in school. Both broke their wrists while playing in school, the insurance covered all medical costs. Did I pursue compensation? No because my boys fell while taking part in an activity that falling is a common occurance. No one's fault or responsibility just an accident.

I fully agree, that is how I would approach accidents at school. My own son broke his arm in anaccident and I would not dream of seeking compensation. I just felt sorry for the OP because that was her initial reaction also. The accident happened 3 years ago and she was quite willing to accept the accident happened and move on. She declined the suggestions made by the solicitor.
But if the accident is proving to be more serious and there are longer term consequences (hopefully not) maybe she should investigate the insurance issue.

I do take your point about ridiculous claims and children will get injured doing normal stuff. I am a secondary school teacher and the hoops you have to jump through to protect yourself can be crazy.

I just felt the OP did not come across as a insurance chasing claims type.

andekwarhola · 19-05-2016 2:16pm

StupidLikeAFox wrote: »

What would you have done if you found there was some lasting damage a few years down the road? (as has happened to the OP here)

Doesn't that blame lie with whoever treated him at the time of the accident?

Kids are always tripping and falling in school.

Like a lot of people, we have to fund raise for our kids' school to plug already stretched resources. The thought of going after them for money after what sounds like a genuine accident seems wrong.

andekwarhola · 19-05-2016 2:19pm

Should add as well that mass claiming for innocent accidents on the behest of solicitors is ultimately short sighted as insurance premiums just go up and the school (and by extension, you and other parents) will end up paying one way or another for the funding gaps in the long run.

unseenfootage · 19-05-2016 2:21pm

StupidLikeAFox wrote: »

What would you have done if you found there was some lasting damage a few years down the road? (as has happened to the OP here)

Hospitals do make mistakes but I definitely would not hold the school responsible in the scenario that the OP explained.

StupidLikeAFox · 19-05-2016 2:28pm

andekwarhola wrote: »

Kids are always tripping and falling in school

Firstly you completely avoided the question, but anyway. Of course they are - this is why the OP has paid into an insurance scheme to cover this type of accident.

Like a lot of people, we have to fund raise for our kids' school to plug already stretched resources. The thought of going after them for money after what sounds like a genuine accident seems wrong.

I don't think their is any talk of "going after" the school here. It sounds like the OP is wondering can the insurance scheme cover the costs for the lasting damage. I would imagine that if she can prove the damage was as a result of the fall then she can, but Im not sure on this.

StupidLikeAFox · 19-05-2016 2:31pm

andekwarhola wrote: »

Should add as well that mass claiming for innocent accidents on the behest of solicitors is ultimately short sighted as insurance premiums just go up and the school (and by extension, you and other parents) will end up paying one way or another for the funding gaps in the long run.

What was the point of the OP paying into an insurance scheme if she can't claim back costs incurred due to an accident? (which is covered by this insurance scheme)

People are making out that this is a spurious money-grabbing claim, which I think is unfair on the OP

honreal · 19-05-2016 2:35pm

StupidLikeAFox wrote: »

Firstly you completely avoided the question, but anyway. Of course they are - this is why the OP has paid into an insurance scheme to cover this type of accident.

I don't think their is any talk of "going after" the school here. It sounds like the OP is wondering can the insurance scheme cover the costs for the lasting damage. I would imagine that if she can prove the damage was as a result of the fall then she can, but Im not sure on this.

StupidLikeAFox wrote: »

What was the point of the OP paying into an insurance scheme if she can't claim back costs incurred due to an accident? (which is covered by this insurance scheme)

People are making out that this is a spurious money-grabbing claim, which I think is unfair on the OP

The OP may have to clear things up because I read it as the accident happened, insurance paid and all sorted or they led to believe.

They met a solicitor and in passing he said you should claim, OP laughed it off and forgot about it but was told OP has till he is 18 to claim for neglect.

fast forward to today and OP now thinks the injury never healed and wants to know what to do.

I don't think the op is talking about claiming costs from insurance but OP does mention the solicitor and being able to claim for neglect until her son is 18 so I take it OP is wondering should she have claimed.

MarkAnthony · 19-05-2016 2:48pm

I'm not sure what the basis of a claim would be, OP or anyone else, there doesn't appear to be any negligence here. I'm open to correction, of course.

nhunter100 · 19-05-2016 3:00pm

StupidLikeAFox wrote:

What would you have done if you found there was some lasting damage a few years down the road? (as has happened to the OP here)

Both suffer pain in their wrists occasionally, particularly when the temperature changes ie weather. Still no one is responsible other than my son's, harsh but true.

irishgrover · 19-05-2016 3:13pm

perhaps the OP asked the wrong question. Maybe the question should be more like "is there any redress from school insurance polices for a student who continues to suffer physical pain, discomfort, or diminished physical capability as a result of an accident in school, after the initial recovery period"....maybe it's more of an insurance question as opposed to a legal question?

StanleyOllie · 19-05-2016 4:57pm

Its such a shame that people feel that they have to claim. Some schools now wont let children run in the yard for fear of injury. Its not good your son has ongoing affects but there are a lot of children who suffer breaks. Thats life. Should you take some responsibility and have brought him to see someone if you havent been happy with his recovery over the 3 years? I do hope he recovers fully. My daughter broke her arm badly while in care. 3 pins and operation. Accidents just happen. Thats all it was an accident. Would be different if it was malicious.

Son's accident in school....A&E

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