What to Do Immediately After Your Child Is Injured at Daycare

No parent ever expects to get a call saying their child was hurt at daycare. You drop your child off at a facility near Logan Square or Wicker Park, trust that trained staff will keep them safe, and go about your day. When something goes wrong, the shock can make it hard to think clearly. But the steps you take in the hours and days after a daycare injury can have a direct impact on your child’s health and on any legal claim you may have. Here is what you need to know.

Table of Contents

• Get Your Child Medical Attention Right Away
• Document the Injury and the Scene Thoroughly
• Report the Injury to DCFS and the Appropriate Authorities
• Understand Your Rights Under Illinois Daycare Law
• Contact a Chicago Personal Injury Lawyer Before Talking to the Daycare’s Insurance Company
• FAQs About What to Do After Your Child Is Injured at Daycare in Chicago

Get Your Child Medical Attention Right Away

Your first call should always be to a doctor, not to the daycare director or an insurance company. Even if an injury looks minor at first, children’s bodies respond differently than adults’, and symptoms of serious harm can take hours to appear. A child who falls from a changing table near a Humboldt Park facility and seems “fine” could still have a concussion, a hairline fracture, or internal bruising that only imaging will reveal.

Go to the nearest emergency room or urgent care center and tell the doctor exactly what happened and where. Ask for a full written record of every exam, diagnosis, and treatment. Medical records are among the most important pieces of evidence in any daycare injury case. They establish what the injury was, when it was discovered, and how it was caused. A gap between the injury and medical care can create doubt, so do not wait.

Keep every bill, every discharge summary, and every follow-up appointment record. If your child needs physical therapy, specialist visits, or ongoing treatment, document all of it. In Illinois, injured parties can seek compensation for all necessary medical expenses related to the injury. The cost of future care matters too, especially if your child suffered a serious injury like a broken bone, a burn, or a head injury that may require long-term follow-up.

Do not let the daycare pressure you into using their preferred provider or tell you the injury “isn’t that bad.” You have the right to choose your child’s doctor. Your child’s health comes first, and an independent medical evaluation protects both your child and your legal rights.

Document the Injury and the Scene Thoroughly

After your child is safe and receiving care, start building your record of what happened. Take clear, dated photographs of your child’s injuries as soon as possible. Bruises, cuts, and swelling change quickly, so photograph them right away and again over the next several days as they develop. If you can access the area where the injury happened, photograph that too. Broken playground equipment at a facility near Lincoln Park, a wet floor with no warning sign, an unsecured climbing structure, or a gap in a fence are all details that can disappear quickly once a daycare operator realizes they have a problem.

Write down everything you remember about the daycare’s account of events. Ask the facility for a written incident report and request a copy immediately. Under the Illinois Child Care Act of 1969 (225 ILCS 10/), a license issued by DCFS authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969. Licensed facilities are required to maintain records, and you have the right to ask for documentation of what occurred.

Write your own account of what the daycare staff told you, noting the names of anyone who spoke to you, the time of those conversations, and the exact words they used. Memory fades fast. A written account made within 24 hours is far more reliable than one made weeks later when a legal claim is underway. Note whether any other parents or bystanders witnessed the incident or the aftermath, and try to get their contact information before you leave.

Preserving this evidence early matters because daycares may alter records, repair hazards, or review and edit surveillance footage after an incident. Even after a facility receives its childcare provider license, DCFS continues to conduct inspections, and these checks can happen unannounced. But inspections after the fact do not automatically preserve what existed at the time of your child’s injury. You need to act quickly.

Report the Injury to DCFS and the Appropriate Authorities

Depending on the nature of your child’s injury, you may have grounds, and in some cases an obligation, to report what happened to the Illinois Department of Children and Family Services. The Abused and Neglected Child Reporting Act (325 ILCS 5/) provides for the reporting and investigation of child abuse and neglect at day care centers and in situations where children are in contact with adults responsible for their welfare.

If you believe your child was abused or neglected by daycare staff, call the DCFS Hotline. You can call the 24-hour Child Abuse Hotline at 800-25-ABUSE (800-252-2873) if you suspect a child has been harmed or is at risk of being harmed by abuse or neglect, and if you believe a child is in immediate danger, call 911 first. You do not need proof to make a report. You only need a reasonable belief that something wrong occurred.

Daycare workers themselves are mandated reporters under the Abused and Neglected Child Reporting Act. Child care personnel, including directors and staff assistants of nursery schools or child day care centers, are among those required to immediately report when they have reasonable cause to believe a child known to them has been abused or neglected. If the daycare failed to report your child’s injury when they should have, that failure is itself a violation of Illinois law and may be relevant to your civil claim.

A DCFS investigation can produce records that become valuable evidence in a personal injury lawsuit. The investigation may uncover prior complaints, staffing violations, or a pattern of unsafe practices that the daycare never disclosed to you. Filing a report also creates an official record that the incident occurred, which can be important if the daycare later disputes the facts.

Understand Your Rights Under Illinois Daycare Law

Illinois law places real obligations on daycare facilities. Licensed child care centers must meet Illinois Department of Children and Family Services (DCFS) standards for health and safety, including child-to-staff ratios and required space per child. When a facility fails to meet those standards and a child is hurt as a result, the facility can be held legally responsible.

The Illinois Child Care Act of 1969 (225 ILCS 10/) is the foundation of daycare regulation in this state. It requires facilities to obtain and maintain a license, meet staffing and training requirements, and operate in a way that protects children in their care. DCFS requires daycare home caregivers to complete 15 hours of in-service training per year. Centers face similar requirements. When a facility cuts corners on training, hires unqualified staff, or ignores safety protocols, children pay the price.

Background checks are another area where facilities have clear legal duties. Applicants must sign a permission form allowing DCFS to conduct a background check to look for past conviction of child abuse and neglect and be fingerprinted. If a daycare hired a worker with a history of abuse or neglect and failed to run a proper background check, that failure can support a negligent hiring claim against the facility.

Illinois also holds daycare operators responsible for the physical condition of their premises. Unsafe playground equipment, unsecured furniture, wet floors, and broken fixtures are all hazards that facilities are required to address. Furniture and equipment must be kept in safe repair under DCFS licensing standards. When a facility allows dangerous conditions to persist and a child is injured as a result, the operator may face significant liability.

As a parent, you have the right to request your child’s records, ask for the facility’s inspection history, and file a complaint with DCFS. You also have the right to pursue a civil lawsuit seeking compensation for your child’s medical expenses, pain and suffering, and other damages. Knowing these rights is the first step toward protecting them.

Contact a Chicago Personal Injury Lawyer Before Talking to the Daycare’s Insurance Company

After a daycare injury, the facility’s insurance company may contact you quickly. They may seem helpful and sympathetic. Do not be misled. Their job is to minimize what they pay out, not to make sure your child is fully compensated. Anything you say to an insurance adjuster can be used to reduce or deny your claim. Do not give a recorded statement, sign any documents, or accept any settlement offer without first speaking to an attorney.

A Chicago abogado de lesiones personales with experience in daycare injury cases can evaluate your claim, identify all potentially liable parties, and help you understand what your case may be worth. Liability in these cases can extend beyond the daycare itself. The property owner, a parent company, a staffing agency, or even a product manufacturer could share responsibility, depending on how the injury happened.

Illinois has a statute of limitations that limits the time you have to file a lawsuit. For personal injury claims involving minors, the clock generally does not start running until the child turns 18, but there are exceptions and strategic reasons to act sooner. Evidence disappears, witnesses move away, and surveillance footage is often overwritten within days. The sooner you involve an attorney, the better your chances of preserving the evidence you need.

At Briskman Briskman & Greenberg, we represent families across Chicago, from the South Side to the North Shore, who have been through the frightening experience of a child being hurt in someone else’s care. We handle these cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. To speak with our team about what happened to your child, call us at (312) 222-0010.

Briskman Briskman & Greenberg is a personal injury law firm located in Chicago, Illinois. This content is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee similar outcomes in future cases. Clients may be responsible for costs and expenses regardless of case outcome.

FAQs About What to Do After Your Child Is Injured at Daycare in Chicago

What should I do first if my child is hurt at a Chicago daycare?

Get your child medical attention immediately, even if the injury looks minor. Call 911 or take your child to the nearest emergency room. Once your child is safe, begin documenting the injury with photographs and written notes. Ask the daycare for a copy of their incident report and write down everything staff members told you about what happened. Acting quickly protects both your child’s health and any legal claim you may have.

Can I sue a Chicago daycare if my child was injured there?

Yes. If a daycare’s negligence caused your child’s injury, you may have grounds for a personal injury lawsuit under Illinois law. Negligence can include inadequate supervision, understaffing in violation of DCFS ratio requirements, unsafe premises, failure to conduct background checks, or improper training of staff. Each case is different, and the specific facts determine who can be held liable and for how much. Speaking with a personal injury attorney is the best way to understand your options.

How long do I have to file a lawsuit after my child is injured at a daycare in Illinois?

Illinois law generally tolls, or pauses, the statute of limitations for personal injury claims involving minors until the child turns 18. However, waiting that long is rarely a good idea. Evidence can be lost, witnesses become unavailable, and surveillance footage is often overwritten within days of an incident. Filing sooner preserves your evidence and gives your attorney more to work with. Contact a lawyer as soon as possible after the injury to understand the deadlines that apply to your specific situation.

What if the daycare says my child’s injury was an accident and no one was at fault?

A daycare saying an injury was “just an accident” does not mean the facility bears no legal responsibility. Many accidents are the direct result of negligence, such as a staff member leaving a child unsupervised, a facility failing to repair broken equipment, or a center operating with too few staff members for the number of children in its care. An attorney can investigate the circumstances, review DCFS inspection records, and determine whether the daycare’s conduct fell below the standard of care required by Illinois law.

Should I report my child’s daycare injury to DCFS even if it was not abuse?

Reporting to DCFS is worth considering even when the injury was not the result of intentional abuse. A DCFS investigation can uncover staffing violations, prior complaints, or patterns of unsafe conditions that support your civil claim. If you believe the injury resulted from neglect, inadequate supervision, or a failure to follow safety protocols, a report to DCFS creates an official record and may trigger an investigation that produces evidence you could not otherwise access. You can call the DCFS Hotline at 1-800-252-2873 to make a report or ask questions about the process.

More Resources About Safety, Prevention, and Parent Guidance

• How to Choose a Safe Daycare in Chicago
• Red Flags of an Unsafe Chicago Daycare
• Questions to Ask Before Enrolling Your Child in a Chicago Daycare
• How to Read and Interpret Illinois Daycare Inspection Reports
• Signs Your Child Is Being Abused or Neglected at Daycare
• Behavioral Changes That Indicate Daycare Abuse
• Physical Signs of Abuse in Young Children
• How to Document a Chicago Daycare Injury
• Photographing Injuries and Preserving Medical Records
• How to Talk to Your Child About a Daycare Injury
• How to Check a Chicago Daycare’s Complaint and Inspection History
• Understanding Your Rights as a Parent Under Illinois Law