This guide will explain the process of claiming fatal accident at work compensation. If a family member has died at work due to employer negligence in the workplace, you could be eligible to make a claim.
All employers owe their employees a duty of care. A breach of this duty of care, which is called negligence, could cause a workplace accident. If someone is fatally injured due to this negligence, this could lead to a fatal injury claim.
The Fatal Accidents Act 1976 is one of the key pieces of legislation we will reference in this article. It allows a claim for fatal accident compensation to be made when negligence was the cause. It also outlines who can bring a fatal accident claim forward.
Furthermore, we will look at how compensation amounts are valued and how a No Win No Fee solicitor could benefit your claim.
You can contact our team of advisors with any enquiries. They offer free, confidential advice, with no obligation to further your claim just because you got in touch.
You can:
- Call the number at the top of this page
- Use our live chat feature at the bottom of the page
- Contact us online
Fatal accident at work compensation claim guide
Can I Claim For Fatal Accident At Work Compensation?
The aforementioned FAA describes who is classed as dependents and who, therefore, may be eligible to make a claim after a fatal accident caused by negligence. Some of these are:
- Someone living with the deceased as a spouse for at least two years before their death.
- A current or former wife, husband or civil partner.
- A parent or other ascendant of the deceased.
- A child or other descendant of the deceased.
- The sibling, uncle or aunt of the deceased, or any of their children.
The Health and Safety at Work etc. Act 1974 (HASAWA) outlines the duty of care employers owe their employees to take reasonably practicable steps to ensure their safety at work. Some of their responsibilities include providing proper training, assessing hazards in the workplace, and carrying out regular maintenance to minimise the risk of accidents at work.
Therefore, if your loved one was fatally injured in a workplace accident caused by negligence, you may be able to claim fatal accident at work compensation. Later in the article, we will look at the different types of compensation you may be eligible to claim.
The Limitation Act 1980 states that to make a fatal accident at work claim, you generally have three years from the date of death or the date of knowledge, which is when you connected the fatal accident with employer negligence. For example, this could be the date of an inquest.
Contact our team of advisors to find out more about the eligibility criteria to make a claim.
The Latest Figures About Fatal Work Accidents
The Health and Safety Executive (HSE) website compiles and documents work accident statistics with the purpose of improving workplace safety procedures. They record both fatal and nonfatal injuries. The workplace fatal injuries in Great Britain, 2022 document shows that in 2021/22:
- 123 workers suffered fatal work-related accidents.
- 30 of these deaths were in the construction sector.
- Most fatal accidents, at 93, happened to people between the ages of 16-59.
- At 29, falls from a height were the most common cause of a fatal accident.
Calculating Compensation For A Fatal Work Accident
When pursuing a settlement for the death of a loved one due to employer negligence, compensation can be awarded for the pain suffered by the deceased. The degree of suffering will impact the amount of fatal injury compensation awarded.
The table below refers to the Judicial College Guidelines (JCG), published in April 2022, to provide potential compensation amounts for the pain and suffering. Legal professionals use this text as a guide to help them value personal injury settlements because the figures are calculated from previously awarded compensation amounts.
Type of Harm Details Compensation Bracket
Death plus add on claims Awards cover the deceased person's pain and suffering. Also, it can cover any losses affecting dependents, such as loss of earnings. Up to £550,000 and over
Tetraplegia The person may have significant brain damage and a lack of awareness. The amount awarded will depend on different factors, such as their life expectancy and how much physical pain is suffered. £324,600 to £403,990
Paraplegia The extent of pain and life expectancy will affect the amount awarded. £219,070 to £284,260
Very Severe Brain Damage The person will show little to no meaningful response to their environment and require full-time care. £282,010 to £403,990
Severe Psychological Harm All areas of life will be affected badly. Poor prognosis for recovery. The level of award will depend on the impact of the injury. £54,830 to £115,730
Please remember that these figures are a guide, as each case is unique. Other forms of compensation can be claimed following the death of a loved one in a fatal workplace accident. Some of these include:
- A bereavement award – If you are eligible to claim for this, it is a fixed figure of £15,120. It compensates a qualifying relative for the bereavement caused and is set out in Section 1A of the Fatal Accidents Act 1976.
- Funeral costs
- Dependency – If the family depended on the deceased’s income, you could be compensated for their past and future earnings.
- Loss of services – This covers past and future services the deceased would have done, such as DIY around the house or picking up children from school.
- Loss of a special person – This can compensate for the loss of companionship, which includes, but is not limited to, the impact on sexual relationships.
The average fatal accident compensation amount might not be useful to you due to the differences in each case. Therefore you should contact our team of advisors for an assessment of how much you could receive. They will provide you with free and confidential advice.
Causes Of Fatal Work Accidents
A person could be fatally injured at work in various ways. Below are some different examples of how a fatal accident could occur:
- Falls from a height – An employee could slip and fall due to a torn carpet at the top of the stairs in an office.
- Struck by a moving vehicle – For example, a forklift accident could occur where an employee is struck and sustains a head injury.
- Struck by an object – An object that has been unsafely stored could fall and strike an employee on the head.
- Machinery – A faulty piece of machinery could cause a factory accident by malfunctioning.
If you would like more information on the criteria for claiming fatal accident at work compensation, please contact one of our advisors.
What Evidence Could Get The Most Fatal Accident At Work Compensation?
After a fatal accident at work, compensation could be awarded provided you support your claim with evidence. It is important to gather evidence proving the negligence that caused the accident.
Some of the evidence you could collect includes:
- Medical reports.
- Witness contact details. You cannot take a statement; a solicitor or other legal professional must take this.
- Photographic evidence
- CCTV footage.
- The accident report book.
Additionally, it is advisable to seek legal advice to help guide you through the claims process. Contact us to find out more about the evidence you could obtain to prove a loved one’s fatal injury at work happened because of negligence.
Explaining A No Win No Fee Agreement?
It is not a legal requirement to use a solicitor when claiming fatal accident at work compensation. However, it can have many advantages. A legal professional can provide expert advice and guide you through the claims process.
You could choose to enter into a No Win No Fee agreement with your solicitor, which is a type of Conditional Fee Agreement (CFA). This can minimise the financial concerns associated with hiring a solicitor, as you do not have to pay upfront or ongoing fees for your solicitor’s services. Furthermore, if you are not awarded compensation, you will not have to pay for your solicitor’s services.
On the other hand, in the event your claim is successful, your solicitor will take a small percentage of the compensation, called a ‘success fee’, as payment The law caps this amount, meaning you won’t be overcharged.
Allow our team of advisors to assess your claim. If they find your claim to be suitable, they could connect you with one of the No Win No Fee solicitors from our panel.
Discuss Fatal Accident At Work Compensation With Us
Please get in touch with our team of advisors to discuss the amount of compensation you could be entitled to receive in a fatal accident at work claim. They are available 24/7 to provide you with free, confidential advice at a time that is convenient for you. They could potentially offer you the services of a professional fatal accident solicitor from our panel.
Please:
- Call the number at the top of this page
- Use our live chat feature at the bottom of the page
- Contact us online
Further Information About Fatal Accident At Work Compensation
Learn more about fatal accident at work compensation claims below:
- Head here to learn more about fatal accident at work claims
- Tips and advice on claiming fatal injury compensation
- Who can make a fatal accident claim? – check the eligibility criteria here
- Fatal accident examples – see if your own circumstances match others
- Fatal accident solicitors – head here to learn about finding legal support
- Head here to check the average compensation payouts for a fatal accident
External links for further reading:
- NHS – Grief After Bereavement Or Loss
- HSE – Reporting Accidents And Incidents At Work
- GOV – Applying For Probate
Thank you for reading this guide to claiming fatal accident at work compensation.
Writer Jess Orb
Publisher Fern Summers
