My Son was Hurt at daycare are they responsible and what should i do?

Question

A week ago when my son was at daycare i recieved a call from the director stating the my son got hurt and has a large gash on his head and i should come pick him up and possibly take him to the er. i had his grandmother pick him up and met her and my son at the ER. when i got to the ER my son who is 4 had a small band aid over the "gash" that had been caused by him pushing trash down into a metal trash can in his room and slipped in and it came up and cracked him in the face. The band aid was soaked with blood and when they finally got it to stop bleeding it turned out to be about 1/2" gash between his eyes, a bump on his forhead and a black eye. they glued the gash back together for less scaring and he is doing great now. But as for the daycare between both of my sons this is the second trip/ER deductable that we have had to pay, r they not liable for this?

Answer 1

Try and keep it on good terms (to start with). Ask the daycare what you need to provide them to have your out of pocket cost reimbursed.

The daycare center insurance should cover this.

If there is problem and the daycare say no. Threaten to get a lawyer.

In the state I live, Social Services has to be notified if a child has a major injury (anything that a band aid or attention wont fix.) Social Services then follows up to make sure the daycare is in compliance with the rules and regulations.

Check out http://www.daycare.com/states.html to find out what the rules are in your state.

Answer 2

The daycare facility should have medical care insurance if it is licensed, unless you signed off and chose not to have your child covered under the plan when you enrolled him.

You should submit your bills and receipts to the daycare for reimbursement, unless you signed off stating you would carry coverage for your child. Not all states work this way, but the three I have dealt with all seemed to have the same basic contractual format.

Answer 3

YOU SHOULD CALL YOUR BRIEF YOU WORK VERY HARD AND PAY A LOT OF MONEY FOR YOUR SONS DAY CARE AND THEY HAVE A RESPONSIBILITY TO YOU FOR YOUR CHILDREN THEY SHOULD HAVE PUBLIC LIABILITY INSURANCE FOR THIS IF YOU DID NOT CARE FOR YOUR SON IF THAT HAPPENED WHILST HE WAS IN YOUR CARE YOU WOULD SOON HAVE THE AUTHORITIES KNOCKING ON YOUR DOOR GOOD LUCK AND LOOK FOR SOME WHERE BETTER FOR YOUR CHILD CARE

Answer 4

get a lawyer,sue,then don't take him back there.

Answer 5

I believe that they are resposible they should have evrything in the facility child proof and well they obiously failed do yeah contact a lawyer

Answer 6

accidents happen,i,m sure he will injure himself again as he grows and if he hurts himself at home who will you blame then?u could sue yourself i suppose.

Answer 7

Call a lawyer. The Day Care has insurance they should cover your pain.

Answer 8

accidents are going to happen, whether it be at home, daycare or grandma's. The daycare should have insurance, talk to the director about this, sometime to keep from filing a claim against their policy, they will pay the deductible out of their account.

Answer 9

Sue them.  Its the American Way!

Answer 10

I don't know what day care you take your kids to. But the one I work at pays for any medical bills that are caused by something that happened in the center. You should talk to the director. I he/she doesn't help go above there head and then talk to a lawyer.

Answer 11

Many day cares have supplemental insurance to cover your deductible, talk to the director of the school.   If they don't, I still think they should at least pay your deductible.  Depending on what kind of garbage he was pushing down, and the condition of the garbage can, I really don't think anything beyond that is warranted.  Accidents happen, especially to kids.

Answer 12

tell daycare what happened and ask if they have insurance.

If not then call a lawyer or don't take your child back there again.

Answer 13

It's not the daycare's fault that your son slipped! These things happen, it's part of being a parent. If the floor was greasy/oily or had water on it, you would have a case, but you have NO case and they are not liable in any way. There really isn't much more the daycare could do, other than put the bandaid over it and call you to take him to the ER.

Answer 14

You might want to read the fine print on the daycare contract that you signed when you enrolled your children. It may say that they are not liable for injuries and that is normally why they ask you for you insurance information when you enroll them. You should definitely start looking for a new daycare.

Answer 15

get a lawyer

Answer 16

s***w what other people say. if they dont have insurance then oh well, theya re still RESPONSIBLE!!!!!! you gave the the right to take care of your child! do this, take him out right away dont bring him back. find out if they do have insurance. if they do then they have to abid by it and pay for the costs. if not walk out and call your lawyer.

Answer 17

I'm a former daycare/preschool teacher. One of the centers I worked in had insurance that would cover accidents that happened in the center and the other didn't so just ask. The worst they could do is say no. I don't think you'd really get anywhere with a lawyer like some people here are suggesting though. I mean, kids will be kids and accidents happened- he just fell. Hope he feels better!

Answer 18

The day care should have liability insurance to cover things that happen on their watch...i would contact an attorney just for legal advice. If you can find out the name of the insurance company for the daycare, you can contact them and file a claim. My parents had to do this when I was younger and got hurt at someone else's house. The people refused to pay for my medical bills. Our insurance wouldn't cover it because someone else was at fault. Luckily, my parents found out who their insurance company was and were able to file a claim through them. So, the people paid for it in the end, even though they didn't want to.