When your child is injured at daycare, your immediate focus is on making sure they are safe. That is exactly where your attention should be.
But while you are prioritizing your child’s well-being, the daycare may already be thinking about something else: limiting its own liability.
That is why Step 2 in our 5-Step Guide is critical — request a written incident report from the daycare.
Why an Incident Report Matters
A written incident report creates an official record of what the daycare claims happened. Without documentation, details can change over time.
We have seen situations where parents were told one thing at pickup, only for the daycare to later offer a different explanation. In some cases, facilities have denied that the injury happened there at all.
An incident report helps preserve the daycare’s version of events before it shifts.
When the Report Doesn’t Tell the Whole Story
Even when a report exists, it may not include everything.
In one case we handled, a daycare provided a written report stating that a child “bit his lip during snack time.” That explanation did not reflect what actually occurred.
Earlier in the day, a caregiver pulled a nap cot toward the child while he was kneeling. The cot struck him, causing him to fall forward and hit his mouth, resulting in significant bleeding.
The written report became an important piece of documentation because it showed that the daycare’s explanation did not fully account for what happened.
Without a report, holding the daycare accountable becomes significantly more difficult.
“We Only Write Reports for Serious Injuries” Is a Red Flag
Some parents are told that incident reports are only required for serious injuries.
That should raise concern.
Daycare staff do not get to decide what qualifies as serious. A bump, bruise, or behavioral change may appear minor but could indicate something more significant, such as a head injury or even signs of abuse.
Daycare facilities have a duty to document injuries that occur in their care. Written records protect children and provide transparency to parents.
What to Do If the Daycare Refuses
If a daycare refuses to provide a written report, create your own.
Document:
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The date and time of the incident
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Where it occurred
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What you were told happened
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How and when you were notified
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Your child’s behavior and physical condition
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The names of staff members you spoke with
Sign and date your statement. Provide a copy to the daycare by email or in writing, and keep the original for your records.
Even if the injury seems minor or there is no visible mark, documentation still matters. Some injuries — particularly head trauma or emotional harm — may not be immediately apparent. If a similar issue arises later, having a written record can help establish a pattern.
Protecting Your Child Through Documentation
Creating a written record is not about overreacting. It is about ensuring accuracy and accountability.
Whether the documentation comes from the daycare or from you, it helps protect your child and preserves important information if questions arise later.
Contact The Button Law Firm
If your child has been injured at daycare and you are unsure what to do next, The Button Law Firm focuses exclusively on daycare and child injury cases.
Call (214) 699-4409, email intake@buttonlawfirm.com, or fill out our secure contact form to share your story. Our website also offers free resources for families who are not ready to speak with an attorney yet.
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