In some cases, you may be eligible to seek compensation on behalf of someone who has passed away as a result of employer negligence. Negligence is where someone breaches the duty of care that they owe another party.
This guide will explore the fatal accident compensation amount you could receive if you’re eligible to make a claim on behalf of someone who has passed away. We will also look at how settlements are valued as well as who can bring a fatal accident claim forward.
There are various ways a fatal accident could occur as a result of an employer’s negligence. We have explored some causes of workplace accidents throughout our guide to help you understand when you might be eligible to pursue a claim on behalf of someone.
We hope our guide provides you with the information you need. However, if you have any questions, our advisors are available 24/7 to help. Get in touch by:
- Calling the number above
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Fatal accident compensation amount claims guide
What Are Fatal Work Accidents?
Fatal work accidents involve the death of an employee. However, in order to claim, it must be proven that an employer’s negligence resulted in the person experiencing harm. Negligence, in this instance, refers to an employer’s failure to uphold the duty of care they owed their employees.
A duty of care refers to the responsible steps an employer must take in order to provide a safe working environment. The duty of care they owe is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This piece of legislation states that employers need to take all reasonably practicable steps to ensure your safety in the workplace.
If it’s found the employer of the deceased was liable for the accident at work, you may be able to receive a fatal accident compensation amount on their behalf.
Statistics For Fatal Work Accidents
According to the Health and Safety Executive (HSE), employers reported 142 fatal injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). This is a piece of legislation that requires certain workplace injuries and incidents to be reported to the HSE.
As per reports made under RIDDOR, the industries that saw the most fatal injuries to workers included:
- Construction – 39 cases
- Agriculture, forestry and fishing – 34 cases
- Manufacturing – 20 cases
What Is The Average Fatal Accident Compensation Amount?
You may be wondering what the average compensation amount for a fatal accident is. However, this figure may not be helpful to you. This is because there is a wide range of factors that could impact the amount you receive.
The Fatal Accidents Act 1976 (FAA) is the piece of legislation that allows certain qualifying relatives to seek compensation after their loved one has died as a result of negligence. A fatal accident claim could result in the following damages being awarded:
- Compensation for the suffering of the deceased
- Funeral costs e.g. headstone
- Bereavement award
- Dependency payment, such as for loss of earnings or loss of services
How Are Fatal Accident Compensation Amounts Calculated?
The Judicial College Guidelines (JCG) publish compensation brackets which are often used by solicitors to help value claims. They may use the JCG when calculating compensation for the pain and suffering of the deceased.
We have used figures from the 16th edition of the JCG, which was published in April 2022. Please only use these as a guide, though, because your actual settlement will vary.
| Injury | Compensation | Notes |
|---|---|---|
| Tetraplegia | £324,600 to £403,990 | (a) The award will depend on several factors such as life expectancy, the presence of physical pain and age. |
| Paraplegia | £219,070 to £284,260 | (b) The bracket is affected by several factors such as the extent of pain, degree of independence and any psychological impact. |
| Brain damage | £282,010 to £403,990 | (a) Very Severe: The award may be impacted by the person's life expectancy, impairment of senses and other issues. |
| Brain damage | £219,070 to £282,010 | (b) Moderately Severe: Various factors will influence the award given such as life expectancy and the degree of independence. |
| Lung disease | £100,670 to £135,920 | (a) Cases might include a younger person with a serious disability that could lead to an early death. |
| Psychiatric Damage | £54,830 to £115,730 | (a) Severe: The person will have a poor prognosis. |
| Death with add on claims | Up to £550,000 and above | This may include compensation that accounts for the deceased's pain and suffering, loss of services and loss of income. |
Additionally, Section 1A of the Fatal Accident Act 1976 establishes that qualifying relatives could be entitled to receive a bereavement award of £15,120. The relatives that may qualify for the award include:
- The wife, husband or civil partner of the deceased
- Cohabiting partners, where they were living together as spouses or civil partners for at least two years before the deceased passed away
- A minor’s parents if they were legitimate or the mother if they were illegitimate
It is important to note that if multiple eligible parties apply for the bereavement award, the amount is divided equally between them.
Contact our advisors today for more information on the potentially fatal accident compensation amount you could receive.
Causes Of Fatal Workplace Accidents
There are many causes of workplace fatalities. However, a fatal accident claim can only be made after proving that employer negligence directly caused the accident in which the person died. This could include cases where an employer has:
- Failed to provide necessary Personal Protective Equipment (PPE) – Employers should ensure they provide PPE where necessary to reduce the risk of an accident occurring and causing harm. However, they may have failed to do so, causing someone to sustain severe fatal brain damage in a factory accident.
- Failed to conduct risk assessments – Employers should ensure they carry out regular assessments and act on these findings. However, they may fail to do so leading to someone suffering a fatal slip and fall from a defective ladder on a construction site.
- Provided inadequate training – All employees should receive adequate training to make sure they can perform their job safely. However, if an employer fails to provide this, it could result in someone suffering a fatal injury after using a forklift incorrectly.
For more information on fatal workplace accident claims and the fatal accident compensation amount that you may be able to claim, contact our advisors today.
What Evidence Could I Provide When Claiming A Fatal Accident Compensation Amount?
There are several kinds of evidence that could help strengthen a fatal accident claim, such as:
- Medical records – The deceased medical records could show the treatment and diagnosis they received before they passed away. This could help when assessing the severity of their pain and suffering.
- CCTV footage – Video footage of the accident could show whether an employer was negligent. It could also demonstrate how exactly an accident took place.
- Photographs – Pictures of the accident site can help support your claim.
- Witness contact details – You can collect the contact details from witnesses so a legal professional can gather statements at a later date.
For more information on the fatal injury compensation amount you could receive and the evidence you can gather to support your claim.
What Is Included In A No Win No Fee Agreement?
A No Win No Fee agreement refers to a number of legal arrangements that provide claimants with a way to fund legal representation.
The solicitors from our panel can offer a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA) which has many benefits. Hiring a CFA solicitor requires no upfront costs or ongoing costs while your claim progresses.
In cases where your claim succeeds, you will pay a success fee from your compensation. The fee is a legally-capped percentage of the money you’re awarded. However, if your claim fails, you won’t need to pay a success fee.
For more information on how a solicitor from our panel could help you take steps to receive a suitable fatal accident compensation amount, call our team.
Discuss Fatal Accident Compensation Amounts
Whilst we have aimed to cover the information you need, we understand you may still have questions. If so, please contact our advisors by:
- Calling the number above
- Using our form to contact us online
- Using the live chat feature at the bottom of the screen
Further Information About A Fatal Accident Compensation Amount
In this section, we have provided additional resources from our site that you may find beneficial.
- 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
- Learn more about fatal accident compensation payouts here
We’ve also included some links to external resources that could help:
- GOV- Applying For Probate
- NHS – Grief After Bereavement Or Loss
- HSE – Further Fatal Injuries Statistics
Contact our advisors today for more information on the fatal accident compensation amount you could be awarded following a successful claim.
Writer Jack Easton
Publisher Fern Summers
