If a loved one has suffered a fatal injury at work, then you may be able to make a claim for fatal accident at work compensation. Employers owe their employees a duty of care, and if someone has suffered a fatal injury due to a breach of this duty, a claim could be made.
In this guide, we will discuss the duty of care all employers owe their employees and the criteria that must be met to be able to pursue a fatal accident claim. We will also discuss which categories of relatives could make a claim for compensation. Additionally, we will discuss some of the benefits of working with a No Win No Fee solicitor for a fatal accident claim.
If you’d like to learn more about the process of making a fatal accident claim following the death of a loved one, you can use the information below to contact our advisors. Our friendly team is available 24/7 to help you and offer free advice.
Contact us by:
- Calling us directly on 0161 696 9685
- Filling out the contact us section of our website
- Chatting with one of our advisors by using the live support bubble
Choose A Section
- When Are You Able To Claim Fatal Accident At Work Compensation?
- How Much Fatal Accident At Work Compensation Could You Recieve?
- Examples Of How A Fatal Accident At Work Could Be Caused By Employer Negligence
- Evidence That Could Help You Make A Fatal Injury Claim
- Claim Fatal Accident At Work Compensation Using Our Panel Of No Win No Fee Solicitors
- Learn More About Making A Work Injury Claim
To be able to make a claim for a fatal workplace accident, you will need to prove that the deceased suffered a fatal injury due to their employer breaching their duty of care. Later in this guide, we will discuss this in more detail.
The Law Reform Miscellaneous Provisions Act 1934 allows the estate of the deceased to claim for the pain and suffering caused by their fatal injury. For the first six months after the death, it’s important to note that only the estate of the deceased can make a claim. However, they can make this claim both for the pain and suffering the deceased experienced, as well as for the benefit of the deceased’s dependents.
If no claim has been made within the first six months, then the dependants of the deceased can make a claim for how the death has affected them. This is set out in the Fatal Accidents Act 1976. It’s important to note that only the deceased’s estate can make a claim for their pain and suffering, so if a dependant claims it will only be for their own benefit.
Those that qualify as dependants include:
- A husband, wife or civil partner.
- Someone who lived with the deceased as a spouse, and did so for at least 2 years leading up to their death.
- The parents or other ascendants of the deceased.
- A child or other descendant of the deceased, or someone that was treated as a child because of a relationship through a civil partnership or marriage (former or current).
To learn more about when a claim for fatal accident at work compensation could be made, contact our advisors.
As previously stated, compensation can be awarded for the suffering and pain the deceased experienced in a fatal accident claim.
Legal professionals, such as solicitors, may use the Judicial College Guidelines (JCG) to help them. This is because the JCG assigns guideline compensation brackets to various types of injuries at different severities. In the table below, we have used some of the amounts listed in the 16th edition of the JCG.
Note though, that these figures cannot be guaranteed as this head of claim is valued on a case-by-case basis. So, please only refer to this table as a guide.
|Injury||Notes||Guideline Compensation Brackets|
|Death with add on claims||This accounts for any compensation awarded for the pain and suffering of the deceased, as well as any dependency payments such as loss of services etc.||Up to £550,000 and over|
|Very Severe Brain Damage||The person may be able to follow some basic commands, but they will suffer with double incontinence, little to no language function and will require full-time care.||£282,010 to £403,990|
|Tetraplegia (also known as Quadriplegia)||The higher end of this bracket is applicable to cases where the person experiences physical pain and their senses have been significantly affected.||£324,600 to £403,990|
|Paraplegia||Compensation for paraplegia will depend on the extent of pain, life expectancy, and the age of the person.||£219,070 to £284,260|
|Severe Psychiatric Damage||A very poor prognosis with severe problems affecting the person's working life and personal relationships.||£54,830 to £115,730|
|Severe Post-Traumatic Stress Disorder||Permanent issues that affect the person from functioning anywhere near the same as the did pre-trauma.||£59,860 to £100,670|
|Death - Full awareness||Fluctuating consciousness and intrusive treatment between 4 to 5 weeks, followed by death within 3 months.||£12,540 to £23,810|
What Else Could You Claim For After A Fatality At Work?
Certain qualifying relatives can also claim for a bereavement award, which is a lump sum of £15,120. This amount can be split across:
- A husband, wife or civil partner.
- Someone who lived with the deceased for 2 years before they passed away as spouses.
- If the person was an unmarried minor, the parents of the deceased.
Other forms of fatal accident compensation that may be awarded include:
- Loss of services – This can include helping with children and DIY around the house.
- Financial dependency – This is for the impact that the loss of the deceased’s income has had, and can include past and future losses.
- Loss of consortium – This is a payment to account for the loss of a person that was special to another, such as a loss of companionship.
- Funeral costs for the deceased.
For more information on how to make a claim for fatal accident at work compensation, you can contact our advisors.
As stated above, in order to claim successfully, you’ll have to prove that the fatal accident at work occurred as a direct result of employer negligence.
Employers owe a duty of care to their employees. This is outlined clearly in The Health and Safety at Work etc. Act 1974. This describes how employers have to take reasonable and practicable steps to ensure the safety of their employees whilst they are performing work-related duties or in the workplace. If an employer were to breach this duty of care, this could result in an accident at work that may be fatal.
Examples of fatal accidents that could happen in the workplace include:
- Suffering a fatal head injury because an employer provided faulty work equipment. For example, an employee falling from a height due to a faulty ladder.
- An employer not performing sufficient safety checks and risk assessments. For example, if a piece of machinery has not been regularly checked and maintained, this could lead to it malfunctioning and someone could be fatally injured.
- Being provided with insufficient training. For example, if an employee was not provided sufficient training on how to handle a forklift, this could result in them crashing and suffering a fatal injury.
For more information on how to make a fatal accident claim on behalf of a loved one, contact our advisors.
Presenting a sufficient amount of evidence could help support your fatal accident claim. It could help prove that the deceased was owed a duty of care, and a breach in this resulted in their fatal injuries.
Potential types of evidence that could help support a claim for fatal accident at work compensation include:
- CCTV footage of the accident.
- A copy of the deceased’s medical records, stating the severity of the injuries they suffered.
- Contact details of witnesses, so that they can provide a statement about the incident at a later date.
- A coroner’s report or inquest findings.
One of the experienced solicitors on our panel could help you with gathering evidence for your claim. Contact our advisors today to discuss your case and be put into contact with one of them.
There are various benefits to working with a No Win No Fee solicitor. For example, you won’t be required to pay anything upfront to the solicitor you are working with. Also, you won’t have to pay anything for the services your solicitor has provided if you’re unsuccessful in your claim.
However, in the scenario that you’re successful in your claim, you’ll have to pay a success fee. This is a small percentage deducted from your compensation award that has a legal cap.
To see whether you could be eligible to work with one of the solicitors on our panel, you can contact our advisors. They can offer you free advice, and help answer any questions you may have about fatal accident at work compensation.
Contact them by:
- Calling directly on 0161 696 9685
- Fill out the contact us section of our website.
- Chat with one of our advisors by using the live support bubble.
For more of our guides about fatal accident claims:
- What is the typical amount of fatal accident compensation paid out?
- Fatal car accident claim – how to seek compensation.
- Wrongful death or fatal accident compensation claim guide
Or, for more information, read the below:
- Royal Society for the Prevention of Accidents (RoSPA)
- Health and Safety Executive (HSE) – Fatal Accident at Work statistics
If you have any further questions about fatal accident at work compensation, then you can contact our team of advisors by using the information above.
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