Claims

How and When to Report a Claim

Liability Claims

The information on the Incident Report form is collected to create province-wide statistics. It is also used by the OSBIE claims department to assist in the investigation of a claim on behalf of a School Board.

What is a Claim

When an individual makes a written or oral claim against another for compensation for personal injury, or property damage. It is typically presented in one of the following ways:

  1. Receipt of letter from claimant's lawyer.
  2. Receipt of Statement of Claim.
  3. The claimant indicates they want compensation for their out of pocket expenses, damage to property, or pain and suffering.

When to Report a Potential Claim

School principals must ensure that an "incident" report is completed on any matter that gives rise to injury requiring medical attention, to a student, visitor to the school site, or where damage has been caused to property not owned by the school board. Injuries to employees must be reported to the Workplace Safety and Insurance Board.

A supply of incident report forms is provided to each school board to be used to gather basic information required by OSBIE. Or use the On-Line Incident Reporting.

The following list outlines potential situations:

  1. Upon death or critical injury
  2. When the injured party has been admitted (not treated and released) to hospital
  3. When parents are upset or angry with school staff
  4. Any mention of the injured party retaining a lawyer
  5. Any mention of the injured party looking for compensation
  6. When the claimant and/or their parent experiences out of pocket expenses as a result of the incident; i.e. braces, crutches, ambulance account, dental expenses
  7. When someone, other than a parent, an OSBIE or Board representative, asks questions about the incident or attends the school to take pictures after the incident/accident has occurred
  8. If anyone asks for a copy of the incident report
  9. If any form of first aid assistance is required by school staff

Reporting of Serious Injuries

In the event that a serious injury or fatality occurs on school premises or during an off-site school activity, the school principal should:

  1. Telephone the OSBIE Claims Department immediately to report the incident with full details.
  2. Notify the school board office immediately of the situation and the action taken by school staff.

A serious injury is deemed to be one where the injured party requires hospital admission (excluding minor outpatient treatment).

Further Action to be Taken

  1. Pictures of the incident location should be taken by school personnel because:
    1. Physical evidence of the location could change; i.e. snow and ice could melt, bare cement could be covered by snow the next day, equipment set-up could change, etc.
    2. When the injury sustained is a serious one, such as a broken limb, severed fingers, loss of consciousness, situations where an ambulance is called to attend to the injured person. People who suffer severe injuries are more likely to present a claim for their damages.
  2. Details of an accident/incident should only be discussed with Board or an OSBIE representative; this could be an independent adjuster hired by OSBIE to investigate on the school and Board's behalf.
  3. Preserve physical evidence, i.e. broken glass; push sticks, stock being worked on, permission forms, attendance records, etc.

Property and Boiler Incident Reporting

All property and boiler losses that may exceed your deductible must be reported immediately by phoning the OSBIE claims department. The school board should ensure that the proper authorities, such as the Fire and Police Departments are notified as required.

In many cases the School Board has developed a great working relationship with the OSBIE adjuster and will call the adjuster to report a new loss-those that require immediate assistance. The adjuster will then contact OSBIE and notify them of the loss and quantum.

Losses that occur after hours should be called directly to your adjuster and reported to OSBIE the next business day.

No repairs, replacement or removal of damaged property should be done until OSBIE or its adjuster has visited the site and completed a scope/estimate of damage.

OSBIE can be instrumental in assisting the school boards in reducing/mitigating the amount of property damage regardless of whether the damages are above or below the board's deductible. An adjuster can assist school boards in controlling the cost of repairs especially for those boards who carry a deductible of $25,000.00 or higher. In some situations, the adjuster has been instrumental in recovering costs from a responsible third party.

Crime Incident Reporting

Notify the OSBIE claims department immediately of any loss arising out of:

  • theft/fraud/forgery by employees, board members or volunteers,
  • counterfeit money orders or paper currency,
  • robbery & burglary
  • forgery
  • computer fraud.

Police are to be notified immediately.

Auto Incident Reporting

ALL automobile accidents must be reported to OSBIE. In a situation where there is no damage to the school board's vehicle and/or the damage is below the deductible, complete the Auto Accident Report Form (see attached) and mail it to OSBIE.

Should there be an injury to vehicle occupants and/or pedestrians, call the OSBIE claims department immediately.