What to Do If a Childcare Denies Your Child’s Injury

There’s no definite statistic for the number of children who attend daycare, but the National Center for Education Statistics reported that in 2023, approximately 11 million children age five or younger were in a “non-parental care arrangement.” Of those 11 million, about 6.4 million, or about 70%, were in center-based care (i.e., daycare or childcare centers). About 58% of working parents with young children rely on childcare centers for their children’s daytime care.

We know that young children are injury magnets. Part of the reason is simply the enthusiasm of being a kid. Running, jumping, climbing, exploring… injuries happen because a child’s imagination and thrill-seeking knows no boundaries. Exploring the world around them is a crucial part of a child’s development—it’s healthy!

Typically, a childcare provider will inform the parent if a child is injured during care. If the provider’s negligence caused the injury, the parent might file a personal injury lawsuit on the child’s behalf.

However, how can you get the information you need to move forward if the childcare provider won’t acknowledge your child’s injury? Discovering that your child was injured at daycare can be alarming. The situation can feel even worse if the daycare staff won’t acknowledge what happened. Whether they are avoiding responsibility or simply not taking the injury seriously, you need to act quickly to protect your child’s health and your legal rights.

Here are some steps you can take to determine what went wrong, how, and what your recourse is for a childcare injury.

1. Seek immediate medical care

You should have your child evaluated by a medical provider right away. Even a minor injury could develop into a larger one if left untreated. Maintain a copy of medical records, diagnoses, and treatment plans related to the injury. The healthcare provider’s report creates an independent record of your child’s injury.

2. Take notes and photos of your child’s injury

If there’s a visible injury, take photos to preserve evidence of what happened. Take notes of the details, such as when you noticed the injury, any comments by the staff about what happened, and any inconsistencies in their explanations. If any other parents or children witnessed the accident or injury, take notes of who they are and what they observed.

3. Request a written report from the childcare provider

Most states require a childcare provider to furnish the parent with an incident report for an injury. You can ask for a copy in writing. If they refuse, note the refusal in your own records. This could demonstrate negligence or a cover-up.

4. Review licensing and reporting rules

Childcare centers are heavily regulated. Most states require injury reporting to parents, and sometimes to state agencies. You can check your state’s childcare licensing agency website to determine what the provider is required to do; if they aren’t in compliance, you can file a complaint with the agency.

5. Escalate the issue (if necessary)

If you suspect negligence or abuse, contact the licensing board or child protective services.

6. Consider legal action

If your child’s injury was caused by negligence, you might be able to file a personal injury claim against the childcare center.

Negligence could include (but isn’t limited to):

• Lack of supervision
• Unsafe facilities
• Abuse / bullying

How can you find out what REALLY happened?

If your child isn’t old enough to talk (and even if they are… because young children are notoriously terrible reporters), it can be hard to figure out what happened and how.

Admittedly, this can be a challenge if the provider isn’t forthright with information or doesn’t want you to know what happened. There are a couple of strategies that could help you get to the bottom of things:

1. Ask for a written incident report

If your state requires a childcare provider to create a written report of any injury, you can request a copy. If the staff won’t provide it, make a written request. The request becomes part of the “paper trail” if you need to take further action.

2. Request surveillance footage if available

Many childcare facilities have security cameras in classrooms and play areas, often to protect the staff as much as the children (and this is okay!). Usually a parent has the right to request that footage is preserved or reviewed. If the provider refuses, you might need to get a personal injury lawyer to make a request on your behalf—but act quickly, so it can be obtained before it’s deleted.

3. Speak with other parents or staff

If the incident happened at a time when other parents were picking up or dropping off their children, someone else might have observed the injury. If not, there still might be observations or impressions of other parents that could be relevant. They might have seen things related to how certain staff members interact with the children, how other injuries were handled, or even their own children’s experiences at that center that might provide information.

There might also be employees (or former employees) who are willing to share concerns about supervision, specific individuals, or safety practices.

4. Observe the environment

Every time you visit the childcare center—whether it’s for pickup or dropoff, or an unannounced daytime visit—look for clues about how the center is run and what the people and spaces are like when parents aren’t around.

Take note of issues that include:

• Broken equipment
• Unsecured furniture
• Inadequate staff-to-child ratios

These observations might help you piece together how an injury could’ve happened.

5. Check the state licensing and inspection reports

Most states have online childcare facility inspection records. You can contact the agency in your state to find out how to look up the center and see whether it has violations and what they are. Violations like inadequate supervision, unsafe play areas, or failure to report injuries could indicate larger problems.

6. Work with your child’s doctor

Children often can’t explain how they were hurt. A pediatrician can determine whether an injury is consistent with an accident (like a fall) or if there are other red flags that would indicate neglect or abuse.

7. Seek legal assistance

If the childcare provider refuses to cooperate and the injury is serious, contact a personal injury lawyer right away. Your lawyer can use tools like subpoenas to obtain records, surveillance footage, and staff testimony to get to the root cause of the injury.

Enjuris understands…

Your friends or family might be telling you to “just” switch childcare providers.

We know that’s not always the easy solution, though you might want it to be. Finding a childcare provider who meets your needs—whether that’s cost, schedule, location, or other factors—can be very difficult. And childcare isn’t simple to find; some communities don’t have enough childcare to support the population that needs it. There are long wait lists and closed classrooms, and you can’t simply move to a new daycare if there aren’t spots available. 

Not to mention, you can’t just stick a young child in a new place with new people that easily. Transitions are hard for children, and they likely have friends and teachers whom they love and would miss if they left the facility. Getting used to new routines and people doesn’t just happen easily overnight for most little ones.

You likely did your homework when choosing the provider in the first place… and you’re probably dismayed, disturbed, and saddened to feel like you can’t trust them now.

So, we get it. “Just” making a switch to a new childcare arrangement isn’t an easy decision to make. It affects your child and the rest of the family, too.

When a daycare won’t acknowledge your child’s injury, it can feel like you’re fighting an uphill battle. But you’re not powerless. By seeking medical care, documenting the incident, and using every available tool to uncover what happened, you can protect your child’s well-being and hold the provider accountable.

If the injury is serious or the childcare provider refuses transparency, contacting a lawyer experienced in daycare negligence can help you get answers, compensation, and peace of mind.