Who Can Claim For A Fatal Accident At Work?

By Stephen Hudson. Last Updated On 24th September 2024. If you have suffered after the sudden death of a loved one or family member due to a workplace accident, you could be entitled to make a wrongful death at work claim if the accident was not the fault of your loved one.

Understandably, this process can be difficult and complex, especially considering the emotional and financial strain the accident itself is likely to have placed upon you. It is for that reason why our expert team of advisers is here to support you, however, they can. Not only can our team answer any questions regarding a wrongful death at work, but they can connect you to a personal injury solicitor with a wealth of experience.

If you want to make a fatal accident at work compensation claim, this guide will introduce you to many of the considerations and factors involved in making a claim. It will give you the information you need to make a well-informed decision about your potential claim and provide free legal advice.

There are plenty of ways you can reach out to our advisors. Choose from any of the methods below:

• You can speak to us over the phone by dialling 0800 073 8804
• Use the pop-up window in the corner to chat with us in real-time
• It’s also possible to check your claim online to see if it’s valid

Select a section:

1. What Is A Fatal Accident At Work?
2. What To Do If You Have Suffered The Loss Of A Loved One
3. Who Can Claim For A Death At Work?
4. How Much Compensation Can I Claim For A Death At Work?
5. No Win No Fee Fatal Accident At Work Claims
6. Helpful Links

What Is A Fatal Accident At Work?

In short, an accident at work is an incident that occurs, either by accident or due to negligence. As a result, the aftermath can have a devastating impact, resulting in serious physical injury, psychological trauma, financial loss, and in extreme cases, death.

Any fatal accident at work claim is, more often than not, considered to be a work accident claim rather than a personal injury claim. However, this does not include accidents that result in the death of a member of the public, as cases of this nature are exclusively dealt with by the Health and Safety Executive (HSE) in the United Kingdom.

These accidents can result from falling, electrocution or even being struck by an object from a height. They are particularly common in jobs that involve manual labour or practical skills, such as electrical engineering or construction.

Potential Causes Of A Fatal Accident At Work

There are many different types of accidents that could potentially result in a death at work. Which accidents are more likely to occur to a certain employee largely depends on their work environment.

Examples of potential accidents that could lead to a fatal injury include:

• Slip, trip and fall accidents, such as falling from a great height.
• Electric shock accidents.
• Accidents involving being struck by a falling object.
• Accidents caused by faulty machinery or equipment at work.
• Being struck by a vehicle.
• Becoming trapped by an object, for example during unloading or loading.
• Exposure to hazardous materials.

However, in order to make a fatal accident compensation claim on behalf of the deceased, you will need to prove that they suffered their fatal injury due to their employer breaching their duty of care.

For more information regarding wrongful death at work claims, speak with a member of our friendly advisory team.

What To Do If You Have Suffered The Loss Of A Loved One

You may be unsure what to do after you have suffered the loss of a loved one due to a fatal accident at work. This is especially true if you are suffering emotionally or financially from said death. However, the process can be straightforward, especially with expert guidance.

First, you will need to gather evidence in support of any fatal work accident claim you may wish to make. The evidence that you will need can usually be split into three distinct categories:

• Evidence related to the accident – includes witness statements or even CCTV or camera phone footage. This evidence is needed in order to ensure that the occurrence of the accident itself cannot be called into question, especially as it is described in the claim you are making.
• Evidence in support of negligence – includes police reports or personal testimony. This evidence is needed to support your claim that the accident occurred as a result of negligence on behalf of another party, as negligence is required in order to prove liability for compensation.
• Evidence proving costs/damages – includes any evidence supporting the various costs that you are claiming for, which will be described in detail later in this guide.

Evidence of all three of these categories is fundamental to your fatal work accident claim and necessary if you want to receive the compensation that you deserve after the loss of a loved one. If you have trouble organising or gathering the evidence that you need, a solicitor could be instructed to provide you with assistance. Don’t hesitate to call if you want to learn how a solicitor can help the accident at work claims process run smoothly.

Who Can Claim For A Death At Work?

For the first six months following the death at work, only the estate can bring forward a claim. This is outlined in the Law Reform (Miscellaneous Provisions) Act 1934. Under this legislation, the deceased’s estate can claim for their pain and suffering, as well as their financial losses. They can also claim on behalf of their dependents.

If the estate doesn’t claim on behalf of the dependents, then they can make their own claim when six months have passed. This is outlined under the Fatal Accidents Act 1976, which also outlines who qualifies as a dependent, including the deceased’s:

• Wife, husband, or civil partner, or someone who lived with them for two years as a spouse
• Children, step-children, or anyone treated as a child
• Parents or step-parents
• Siblings, aunts, uncles, or cousins

What Is The Fatal Accident At Work Claims Criteria?

To make a death at work claim, you need to be able to prove that:

• Their employer owed them a duty of care
• This duty was breached
• Their death was caused by this breach

When these three factors come together, they form negligence. All employees are owed a duty of care by their employer. This means that they are responsible for the health and safety of their employees, and they need to comply with the Health and Safety at Work etc. Act 1974 (HASAWA).

If your loved one passed away as a result of their employer’s negligent actions, then you may be able to make a claim on their behalf, or as a dependent. Contact our team of advisors to find out more.

How Much Compensation Can I Claim For A Death At Work?

A fatal accident claim made by the estate of the deceased can be awarded up to two heads of loss (or parts): general and special damages.

General damages cover compensation for the physical pain and emotional suffering the deceased experienced because of the fatal accident. Special damages compensate for the financial losses incurred by the deceased between the accident date and their death. This head of loss can feature compensation for:

• Medical expenses.
• Loss of earnings.
• Any other out-of-pocket expense incurred by the fatal injury.

Those responsible for calculating general damages in a death at work claim may refer to the compensation guidelines published by Judiciary UK. This document, otherwise called the ‘JCG’, lists guideline compensation figures for various types of injuries, including fatalities.

In our table below, we look at how compensation for death could be awarded in a successful claim. The top row is not from the JCG. However, the following rows all come from the document.

As different factors go into reaching a final settlement, this table should only be used as guidance.

What Can The Dependents Claim?

Dependents could claim for:

• Loss of service, including past and future losses. These are activities the deceased would have normally carried out. For example, if you need to employ a childminder because your spouse cared for the children.
• Financial dependency. Families often rely on each other’s incomes to help with living expenses, such as paying the mortgage. If the claim for a death at work is successful, compensation can be awarded to cover these expenses.
• Loss of consortium (loss of a special person). This covers losses that cannot be financially quantified elsewhere, such as lost companionship.

Additionally, dependents could also claim for the funeral costs.

Am I Entitled To A Bereavement Award?

Certain relatives may also be able to receive a Bereavement Award. This is set out in Section 1A of the Fatal Accidents Act. It is awarded as a lump sum of £15,120 that will be divided if more than on qualifying relative claims. These relatives include:

• The deceased’s spouse or civil partner or a person who lived with them for at least 2 years prior to their death as if they were married.
• The parents of the deceased if they were an unmarried minor. However, if the deceased was born out of wedlock, then only the mother of the unmarried minor can claim this award.

Discuss how compensation for death could be awarded with an advisor from our team.

No Win No Fee Fatal Accident At Work Claims

If you want the best chance of succeeding when pursuing a wrongful death at work compensation claim, you will need the support of an expert solicitor to give you advice and take you through the process itself. However, issues can arise from this as the result of the legal fees that many Claims Services charge.

Making a claim can make some people concerned about legal fees and how much claiming will cost. We aim to avoid this kind of scenario, which is why we make a commitment to represent clients through our No Win No Fee policy.

Our solicitors offer a Conditional Fee Agreement which promises that, if you choose our company as your Claims Service, we will not charge you any legal fees before the end of your claim and there’s no solicitor fee at all if the case fails.

Call or get in touch online to learn more about claiming for a fatal workplace accident. Through a free consultation, you can learn if a solicitor could take on your case.

You can contact us by:

• Calling 0800 073 8804.
• Using the webchat function on this page, or;
• By clicking here and using our contact form.

Helpful Links

Here are some more guides related to death at work or accident at work claims:

• A closer look at compensation that can be claimed for wrongful death at work.
• A guide on what to do following a breach of health and safety at work.
• We explain how defective and broken machinery injury claims work.

You may find these resources helpful as well:

• Citizens Advice – what to do after the death of a loved one.
• GOV.UK – An explanation of probate and how to take on the role of managing a person’s estate.
• NHS – Grief after bereavement advice and guidance.

Thank you for reading our guide. If you want to learn about making a fatal accident at work claim or discuss how a death at work payout could address how you’ve been affected, just call us today.