Incidents and Claims
The Centre’s Policy for When a Claim Occurs
It should be recognised that even the best centres will have claims. No matter what you do to limit the likelihood of loss, a child will find a way of creating one. As mentioned previously we can't wrap our kids in cotton wool and tell them to remain in one spot all day. Kids by nature are curious, experimental, clumsy, and have no fear (usually all at the same time!) No matter how we manage and look after them, incidents will happen, some of them more serious than others. The one thing to remember is ‘don't panic’. Contact your local Guild Business Centre or freecall 1800 810 213 - we are available 24 hours per day 7 days per week to ease your concerns.
The following is a list of do's and don'ts when an incident occurs:
- DO provide assistance and empathy to the child
- DO seek medical treatment where required
- DO advise the parents where the injury is minor that little Johnny has had a fall but is okay
- DO contact parents immediately if injury is serious
- DO register all injuries or incidents
- DON'T admit that you were liable or at fault
- DON'T move the child if they appear to be seriously hurt
- DON'T ignore staff reactions - as this could lead to potential claims for post traumatic stress
- DON'T mention your insurance cover as this may only sow the seeds of opportunity
When a claim occurs, documents such as your incident register and other pertinent information may be discoverable as evidence in any legal action. Therefore, it is important that when recording details of any incident you:
- Report exactly what happened and don’t place blame on any person or equipment. If you make a judgement eg. "The reason the claim occurred was because the equipment was not installed correctly" you are admitting liability and it may prejudice your claim under insurance. Although you may have good reason to know why, for example, the equipment failed, you should not detail your feelings in relation to the alleged incident as it will be used against you and the centre.
- Do not make personal comments in any incident. Stating that "little Johnny was always a trouble maker", or his "parents were no hopers and should have looked after him better", serve no benefit to anyone and can work against you if a claim proceeds.
- Record any comments made by third parties including parents of the child – you may have notified them that they should keep an eye on the child and seek further medical attention. This information should be recorded as, if the parents decide against your advice and a problem arises, you will have evidence in your defence that you have acted accordingly. If you change records or add comments make sure the record is dated as to when and why the change has been made – do not change records to distort the facts. You will be picked up!
Do not hypothesise (leave that to the lawyers) – keep to the facts!
The most critical point in reporting the claim is ensuring all staff are aware of the reporting protocols. This should form part of their induction process when joining the centre.
In times of crisis people tend to panic and it may be difficult to respond appropriately. General contact details for Police, Doctors, Hospitals, Security, Insurer details, Drugs and Poisons Information Line etc. should be maintained in a central area that all centre staff are familiar with.
Similarly, the importance of current personal information and key contact details for each child is a major requirement for every centre – ensure it is kept up to date.
