My son broke his arm by standing on a picnic table and jumping off to grab a tree branch. Many of the kids were doing this and apparently this was not his first try at it. I personally would not allow my child or any other child to do this for fear of injury, yet it appears the daycare worker didn't object. Is this just an accident and how should I handle it?
But if you have already taken your son back to the daycare than you have shown (in the eyes of the law and anyone with common sense) that you do not fear for his safety. Because a parent that fears for her child's safety does not take the kid back tot he very place they believe was negligent.
You also should call CPS and ask who handles the day care investigations in your area and if this is criminal child abuse since they were knowingly negligent. And pursue those options.
research some laws and try and see if you can squeeze any money out of them for medical bills or more.
You can talk to a lawyer but personally I wouldn't waste my time or money. It was an unfortunate accident.
The daycare should pay your medical bills (they're insurance should cover it.) Ask what you need to provide them to be reimbursed your expenses.
Go to Daycare.com and look up the rules/laws for your state regarding daycare centers. You should be able to gather the information for this web-site that you are looking for.
In the state I live, all major injuries (anything that a band aid and kiss wont fix) has to reported to Social Services. They follow up with the daycare center, and make sure the center is within regulation.
If you want more to be done. The request the daycare center make policy to prevent this kind of injury from happening again (ie, children are not allowed to jump from tables.)