When Could I Be Eligible To Claim If A Loved One Suffers A Fatal Accident On A Construction Site?

If you have lost a loved one due to a fatal accident on a construction site, you may be wondering whether you could make a claim on their behalf. Within this guide, we will explain who could pursue a fatal accident claim and the eligibility criteria that must be met.

Additionally, we will share the different forms of compensation that could be awarded for a successful fatal accident at work claim. This guide will also provide examples of evidence that could be used to support fatal construction site accident claims.

Lastly, this guide will look at some of the benefits to working with one of the solicitors on our panel for your fatal building site accident claim on a No Win No Fee basis.

To discuss your case and receive free advice, you can contact one of the advisors on our team. They can also help answer any questions you may have about making a fatal construction accident compensation claim.

Connect with them today by:

A construction worker checking his colleague's pulse following a fatal accident on a construction site.

Browse Our Guide

  1. Am I Eligible To Claim If A Loved One Suffers A Fatal Accident On A Construction Site?
  2. What Is The Eligibility Criteria When Claiming For An Accident On A Construction Site?
  3. How Much Fatal Accident Compensation Can Be Received From A Successful Claim?
  4. Potential Evidence That Could Be Used When Claiming For A Construction Accident Death
  5. Use A No Win No Fee Solicitor To Claim Compensation For A Fatal Accident
  6. Read More About Claiming For A Fatal Accident On A Construction Site

Am I Eligible To Claim If A Loved One Suffers A Fatal Accident On A Construction Site?

The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased person to make a claim for the pain and suffering of the deceased. They are the only party who can make this type of claim. They also can bring forward a claim on behalf of the dependents. It is important to note that they are the only party that can bring forward a claim for the first six months following the deceased’s death.

If no claim has been made on their behalf within these first six months, the deceased’s dependents can then make their own claim for how the death has affected them. This is set out in the Fatal Accidents Act 1976 (FAA).

The following parties qualify as a dependent under this act:

  • A husband, wife or civil partner (former or current).
  • Someone who lived with the deceased as a spouse, (and did so for at least 2 years leading up to the death).
  • The parents or other ascendants of the deceased. Or, someone who was treated as one.
  • A child or other descendant of the deceased. Or, someone that was treated like one, such as a stepchild.
  • The sibling, aunt, uncle or cousin of the deceased.

If you have lost a loved one in a fatal accident on a construction site and are unsure whether you could make a claim as a dependent, you can contact our advisors.

What Is The Eligibility Criteria When Claiming For An Accident On A Construction Site?

The Health and Safety at Work etc. Act 1974 (HASAWA) sets out the duty of care owed by all employers. It states that they must take reasonable steps to prevent their employees from coming to harm while they are performing their work-related duties.

Furthermore, the Construction (Design and Management) Regulations 2015 was brought into place to help those responsible for construction and building sites take steps to improve safety within the industry.

Various companies may be working on a construction site, such as scaffolding, electric and plumbing companies. Additionally, there may be a main contractor and site manager, if these duties are not performed by your employer. Each of these parties may also owe you a duty of care. Therefore, if a loved one were to suffer a fatal accident on a construction site, who the claim is made against will depend on who owed them a duty of care in regard to the workplace accident.

To be eligible to make a fatal construction site accident claim on your loved one’s behalf, you will need to be the following eligibility criteria:

  • Your loved one must have been owed a duty of care.
  • There was a breach in this duty of care.
  • Your loved one suffered their fatal injury due to this breach.

Is There A Time Limit To Making Fatal Accident Claims?

When making a claim on behalf of a loved one for their fatal construction site injuries, there are certain time limits that must be adhered to. A claim can either be made within 3 years from the date of death, or 3 years from the date of knowledge. This is the date that it was first reasonably realised the deceased suffered their fatal injuries due to a breach in a duty of care. This can be formed on the date of an inquest or postmortem.

If you have any questions regarding claims being made for fatal building site accidents, you can contact one of the advisors on our team.

A construction worker laying on the ground after suffering a fatal head injury.

How Much Fatal Accident Compensation Can Be Received From A Successful Claim?

Following a successful fatal building site injury claim, compensation can be awarded for the pain and suffering of the deceased.

The Judicial College Guidelines (JCG) may be used alongside other evidence to calculate how much is awarded for the deceased’s fatal injuries. This document contains compensation guidelines for a range of injuries, both physical and psychological, at varying severities.

We have used some of these guidelines within the following table. Please only use them as a guide. Also note that the top entry does not feature within the JCG.

Compensation Guidelines

InjuryDescription Compensation Award
Death with Add On ClaimsCompensation for the pain and suffering of the deceased plus any add on claims such as for dependency, funeral costs and a loss of services.Up to £500,00 plus
Paralysis - TetraplegiaCases were physical pain is present, and there is a significant impact on the ability to communicate and the senses will attract the higher end of this bracket.£324,600 to £403,990
Paralysis - ParaplegiaHow much is awarded will be affected by factors such as the person's age, degree of independence and the extent of pain.£219,070 to £284,260
Brain Damage - Very SevereRequiring full-time nursing care due to double incontinence, little to no language function and a lack of meaningful response to their environment.£282,010 to £403,990
Injuries Resulting In Death - Full AwarenessFor 4-5 weeks the person will fluctuate in and out of consciousness before dying within a few weeks up to 3 months.£12,540 to £23,810

What Else Can I Claim For In A Fatal Accident Claim?

Certain qualifying relatives are also able to claim for a bereavement award. This is a lump sum of £15,120 which can be awarded to or split between:

  • A husband, wife or civil partner.
  • Someone who lived with the deceased for 2 years before they passed away as spouses.
  • Or if the deceased was an unmarried minor, the parents of the deceased.

In addition to this, other types of fatal accident compensation can be awarded to cover:

  • Funeral costs for the deceased.
  • Loss of services – if the deceased helped with childcare and essential DIY around the house.
  • Dependency – this provides compensation for the loss of earnings of the deceased, both past and future if the deceased’s family depended on their income.
  • Loss of consortium – this provides compensation for losses that cannot be financially quantified such as the loss of companionship.

To see whether you may be entitled to receive a bereavement award if you lost a loved one in a fatal accident on a construction site, you can contact our advisors. They can also answer any question you may have, such as “What is the typical amount of fatal accident compensation paid out?”

Potential Evidence That Could Be Used When Claiming For A Construction Accident Death

All fatal building site accident claims need to be supported with evidence. This evidence will need to demonstrate how the accident took place, who was liable and the fatal injuries the deceased suffered.

Examples of evidence you could use in your claim if you lost a loved one in a fatal accident on a construction site include:

  • Any CCTV footage of the accident.
  • A copy of the deceased’s medical records stating their injuries and any treatment they received.
  • The contact details of witnesses to the accident, as they may be able to provide a statement.
  • A copy of the coroner’s report or inquest findings.

One of the experienced solicitors on our panel could help you with gathering this evidence. To see whether you could work with one of them, you can contact one of our advisors today.

Use A No Win No Fee Solicitor To Claim Compensation For A Fatal Accident

One of the fatal accident solicitors on our panel could help you with making your claim. Additionally, they may offer their services to you under a Conditional Fee Agreement (CFA).

This is a type of No Win No Fee arrangement, and allows you to access their services without having to pay an upfront fee. Furthermore, you will not be required to pay them for their work on your fatal construction accident claim while the case is progressing or if it ends unsuccessfully.

Should compensation be successfully awarded, your solicitor will take a small percentage of this as their success fee. The law implements a legal cap for the percentage this fee can be.

A construction worker checking on their colleague on the ground following an accident.

Contact Our Team

To see whether one of the No Win No Fee solicitors on our panel could help you with making a claim on behalf of a loved on for a fatal accident on a construction site, you can contact our advisors. They can also offer you free advice for your case.

To connect with them today, you can:

Read More About Claiming For A Fatal Accident On A Construction Site

In conclusion, below are some more of our guides about fatal accident claims:

Some helpful external resources are below:

If you have any further questions about making a claim for a fatal accident on a construction site on behalf of a loved one, you can contact our advisors.