Has a loved one suffered a fatal accident at work? Are you looking to make a claim on their behalf? This article has been created to aid you through the process of making a compensation claim for a fatal accident at work.
This guide walks you through claiming for a fatal accident at work, how you could claim compensation on behalf of a loved one, and how a No Win No Fee agreement could be beneficial to you.
Our advisors are on hand 24 hours a day, 7 days a week, to offer you free legal advice and answer any of your questions. You can get in touch with us by:
- Calling the number at the top of the page
- Using our live chat feature
- Contacting us through our website
A guide to making a fatal accident at work claim
How Do I Make A Fatal Accident At Work Claim?
A fatal accident at work claim is when a loved one has suffered an injury at work and the resulting effects have led to it being fatal. In order to begin your claim, you would need to work out if the accident was due to employer negligence.
To work out if employer negligence was the cause of the accident, you would need to assess whether:
- Your loved one was owed a duty of care
- The duty of care that was owed to them was breached
- They suffered an injury or an illness as a result and it was fatal
If you are able to show these three points, then you could be eligible to make a compensation claim for a fatal accident at work.
Time Limits When Making A Claim
These claims generally have a time limit of 3 years as set out by the Limitation Act 1980. The time limit would generally begin from the date of death.
For any additional information on the time limit, get in touch with our advisors. They are available 24/7 and happy to answer any questions you may have, no matter how minor.
Fatal Accident Statistics
Health and safety statistics for Great Britain are recorded by the Health and Safety Executive (HSE). Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers report both fatal and non-fatal injuries that have happened at work.
For the year 2020/21, there were 142 people who suffered an accident at work and it was determined as fatal. For fatal injuries that were reported by employers, 35 fatal accidents were falls from a height, this is followed by 25 from being struck by a moving vehicle.
Compensation Awards For Fatal Accidents In Workplaces
The Judicial College produces guidelines outlining the different compensation brackets you could potentially receive based on claims previously settled at court. Many different factors determine how much compensation you could be awarded, including the awareness your loved one had before they passed.
Your personal injury solicitor could use these guidelines as a reference point when valuing your claim. However, it’s important to remember that these aren’t guaranteed, and the amount of compensation you might receive could differ.
| Types of Fatal Injuries | How Much? | Description |
|---|---|---|
| Death including add on claims | Up to £550,000 and over | The deceased's suffering can be accounted for as well as the losses dependents endure, such as loss of financial dependency. |
| Tetraplegia/Quadraplegia | £304,630 to £379,100 | Typical cases may be in the mid-range but where there's physical pain, and an effect on sense/the ability to communicate, awards could be higher. |
| Paraplegia | £205,580 to £266,740 | The compensation would be affected by factors such as the degree of independence, life expectancy, age and depression. |
| Brain Damage | £264,650 to £379,100 | Very severe brain damage |
| General Psychiatric Damage | £51,460 to £108,620 | Severe psychiatric damage |
If your claim succeeds, any injuries your loved one suffered due to employer negligence will be compensated in the general damages head of your claim. This is done by taking into account the level of awareness they had after the incident and before death, for example.
On the other hand, special damages cover any additional financial expenses you have incurred due to the loved one’s fatal injury. These include both current and future losses, provided that you have evidence. For example, you could use receipts to show any expenses from prescriptions or mobility aids that your loved one paid for.
Types of financial losses that could be considered special damages include:
- Travel expenses you incurred (if you visited them in hospital, for example)
- Funeral costs (if you’ve covered the cost yourself)
- Special equipment, e.g. mobility aids
- Loss of wages
- Childcare costs
Other Damages
Eligible dependents could claim:
- Loss of consortium (loss of a special person)
- Statutory bereavement award of £15,120
- Loss of financial dependency on the deceased’s income
- Loss of dependency on the deceased’s services
If you have any further questions about a fatal accident at work claim, don’t hesitate to contact our advisors today.
Examples Of Fatal Accidents At Work
The Health and Safety At Work etc. Act 1974 (HASAWA) is one of the most prominent pieces of legislation that outlines the health and safety regulations for the workplace. It also outlines the duty of care that employers have to their employees. This means that they need to take all reasonable measures to ensure an employee’s safety.
Below, we have included some examples of how workplace accidents could occur due to employer negligence:
- Poor housekeeping: If you trip over a misplaced wire, hitting your head, it could lead to a head injury and/or brain damage.
- Inadequate Personal Protective Equipment (PPE): If you were working in a building that had asbestos, and you were given defective PPE, such as masks, you could be exposed to asbestos, breathing in the fibres could lead to a life-shortening illness.
- Lack of training: Your employer needs to provide you with the training to do your job safely for free. If they fail to do so, you could be injured.
These are not the only ways someone could be injured in a fatal accident at work. If an employer’s breach of duty of care has led to a loved one’s fatal injury, you may be able to claim. Speak with an advisor for more information.
Gathering Evidence For A Fatal Accident Claim
When you are in the process of making a claim, you would need to make sure that you have sufficient evidence to strengthen your claim for a fatal accident at work.
There are different forms of evidence you could gather, including:
- Photos of the accident site
- Photos of the injury
- Contact details of witnesses
- CCTV footage of the accident
- Written record of the accident from the accident book
While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. This can clear any doubt or fears you may have when claiming. It can also help you understand the legal requirements you may have to go through.
For further advice on a fatal accident at work claim, our advisors are happy to help. They are available 24 hours a day, 7 days a week.
Can No Win No Fee Solicitors Help
A No Win No Fee agreement is made between you and your No Win No Fee solicitor. It establishes the terms and conditions you need to fulfil before they acquire payment. This will be discussed before you begin your claim, so there aren’t any surprises.
You would pay a success fee that’s subtracted from your compensation if your case is successful. However, the law capped the percentage of this fee so the majority of it goes to you.
But, if your case is unsuccessful, you don’t have to pay any success fee to your lawyer.
You don’t need a lawyer to begin your claim. However, it can be useful to obtain a No Win No Fee lawyer’s knowledge and advice on the claims process.
Our advisors can put you in contact with our panel of personal injury lawyers, provided you have a valid claim. This service is available 24 hours a day, 7 days a week.
Make A Fatal Accident Claim
If you want more information on claiming for a fatal accident at work, then please contact us by:
- Using our live chat feature
- Calling us on the number at the top of the page
- Contacting us through our website
Further Information About Fatal Accident At Work Claims
Here are some additional resources, with further information:
The HSE has guidance on how to report an accident at work, as well as examples of the types of reportable accidents.
For any further information concerning a fatal accident at work claim, please feel free to contact us through our website or via our live chat.
Writer Lizzie Wynn
Publisher Ruth Vardy
