If one of your loved one has experienced a fatal accident at work, you may be able to claim on their behalf. To be able to do this, the incident must have been caused by their employer breaching the duty of care that is owed in the workplace. This is defined as negligence.
Claiming for a fatal accident at work guide
You might be wondering about the process of making a fatal injury at work claim or how long you have to claim. This guide will aim to provide answers to those questions. We will also examine the potential causes of fatal accidents as well as the compensation that you could be awarded for a successful claim.
Furthermore, the ways you could strengthen your claim will be explored. For instance, we will look at gathering evidence and how these kinds of claims are valued.
You could speak with an advisor who can provide a free consultation. To contact our team:
- Call 0800 073 8805
- Complete our start your claim form online
- Use the live chat
Pick A Topic
- When Can You Make A Fatal Accident At Work Claim? – A Guide
- What Could Cause A Fatal Accident At Work?
- When Are You Eligible To Claim For A Fatal Accident?
- What Compensation Could Be Received From A Work Injury Claim?
- How Can Our No Win No Fee Accident At Work Solicitors Help You Claim?
- Learn More About Fatal Accident Claims
When Can You Make A Fatal Accident At Work Claim? – A Guide
A fatal accident in the workplace can be defined as any accident that takes place while at work that causes death. As previously stated, employers owe their employees a duty of care. This is established by the Health and Safety at Work etc. Act 1974, and means that employers must take all reasonable steps to prevent employees from being injured while at work.
If an employer does not fulfil this, resulting in your loved one’s death, a claim could be made. For example, compensation could be sought for the ways your loved ones injuries affected them before death, how their death impacted surviving relatives and any financial impact that their passing has had.
If you would like free legal advice, please speak with our advisors. Otherwise, read on for more details.
What Could Cause A Fatal Accident At Work?
Below, we have included some examples of how a fatal accident at work could happen as a result of negligence:
- Your loved ones’ employer does not provide them with the correct personal protective equipment (PPE) when working with potentially hazardous chemicals in a factory. Consequently, they suffer from an electric shock that causes them to pass away.
- The failure to risk asses a job sees your loved one fall off a roof while scaffolding. Subsequently, they suffer a fatal head injury.
- A colleague of your loved one was asked to operate a forklift despite not being trained to do so. Consequently, they cause an accident in which your loved one suffers a fatal neck injury.
If you are looking to claim on behalf of a loved one, you might find it useful to gather evidence to strengthen your case. You may be able to prove that their death was caused by negligence by providing:
- CCTV footage of the incident
- Medical records showing how the fatal accident caused the relevant injuries
- Witness statements
- Photographs of the accident site
Our advisors can provide you with more information as to the evidence that can be gathered if you get in contact.
When Are You Eligible To Claim For A Fatal Accident?
The Law Reform (Miscellaneous Provisions) Act 1934 permits the deceased’s estate to claim on their behalf for their pain and suffering before they passed away. For the first 6 months, this is the only party that can bring forward a claim.
Under the Fatal Accidents Act 1976, dependents of the deceased can claim for the way the death has affected them. Dependants are classed as:
- A husband, wife or civil partner
- Someone who was living with the deceased when they died, and had been doing so for 2 years before this date as spouses
- A parent or other ascendant of the deceased, or someone that the deceased treated like their parent
- A child or other descendant of the deceased, or someone they treated as their child in relation to marriage
- A brother, sister, uncle or aunt of the deceased, or any of their issue
The estate can make a claim for the benefit of the estate and the benefit of any dependants. If a dependant makes a claim, it will only be for their benefit and not for the benefit of the estate.
If you would like to find out whether you are entitled to claim after a loved one has passed away in an accident at work, please contact our advisors.
Is There A Time Limit For Fatal Accident Claims?
If you are looking to claim on behalf of a loved one after they suffered a fatal accident at work, you have 3 years to begin proceedings. This is in line with the Limitation Act 1980, which states that the time limit may begin from:
- The date of death
- The date knowledge that the death was connected to employer negligence. For instance, this could be the date of an inquest or post-mortem.
For more details in terms of how long you have to claim, you can speak with our advisors.
What Compensation Could Be Received From A Work Injury Claim?
There are several kinds of payments that can make up a settlement in a successful fatal accident claim. General damages account for any physical or psychological pain and suffering that the deceased experienced before they passed away.
To help you understand how much might be awarded for this head of claim, we have compiled a table of compensation figures from the Judicial College Guidelines (JCG). Despite the JCG being a document that legal professionals use to assist them when valuing claims, these figures are not guaranteed. Each claim is different, and the settlement you receive might also vary.
| Injury and Severity | Compensation Bracket | Description |
|---|---|---|
| Fatality plus add on | £550,000 + | Awarded for the pain and suffering caused by the death. Accounts for other areas such as dependency costs. |
| Quadriplegia | £324,600 to £403,990 | Award will account for factors such as life expectancy or presence of physical pain. |
| Very Severe Brain/ Head | £282,010 to £403,990 | Compensation will be judged on aspects, for example, the level of sight, life expectancy, physical limitation, requirement for gastrostomy for feeding, and sensory impairment. |
| Paraplegia | £219,070 to £284,260 | Compensation will awarded depending on aspects such as the level of pain, independence, mental state, age, life expectancy of the injured person. |
| Psychological damage (Generally) | £51,460 to £108,620 | A very serious psychiatric injury that hinders the person's ability to cope with life and their relationships. |
| Death (Complete awareness) | £12,540 to £23,810 | Death within a couple of weeks to up to 3 months. Fluctuating consciousness for 4-5 weeks. |
Additional Payments
Other costs could also be included in a fatal accident claim. For example:
- Funeral costs
- A bereavement award (only available to certain qualifying relatives)
- Loss of services payment
- Loss of consortium payment
How Can Our No Win No Fee Accident At Work Solicitors Help You Claim?
If you work with a lawyer, they might offer you a Conditional Fee Agreement (CFA) which means your solicitor will not require payment for the services they provide upfront or while your claim is ongoing.
Similarly, you generally won’t have to pay for the services they provide if your case is lost. If you win, a law-capped success fee will be subtracted from the compensation you receive and paid to your solicitor. Nonetheless, this guarantees you get most of the compensation.
If you would like to find out whether you qualify to be represented on a No WIn No Fee basis, please speak with a member of our team.
Contact Us For Free 24/7 To See If You Can Pursue A Fatal Accident Claim
As previously mentioned, an advisor from our team can offer you a free consultation to determine your eligibility to claim. If you have a valid fatal accident claim, they could connect you with one of our workplace injury solicitors.
To get in touch:
- Call 0800 073 8805
- Complete our start your claim form online
- Use the live chat
Learn More About Fatal Accident Claims
We have included several of our own guides that may be able to help you:
- How long does a work injury claim take?
- How to make a successful workplace injury claim
- What should I do if I’ve had an accident at work?
Moreover, we have provided you with additional reading that might be of benefit:
- NHS – When to call 999
- Health and Safety Executive – Workers’ health and safety
- GOV.UK – Requesting CCTV footage
Thank you for reading this guide on how to claim if a loved one of yours has been involved in a fatal accident at work.
Writer Beck Pill
Publisher Fern Strauss