Advice For Fatal Accident At Work Claims

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Who Can Claim For A Fatal Accident At Work?

By Stephen Hudson. Last Updated On 9th August 2023. This is our guide on how to claim for wrongful death claims against employers. 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 Fatal Accident At Work?
  4. What Can Be Claimed For After A Fatal Accident At Work?
  5. How Much Can I Claim For A Fatal Accident At Work?
  6. No Win No Fee Fatal Accident At Work Claims
  7. Helpful Links

What Is A Fatal Accident At Work?

In short, an accident at work is an accident 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.

construction worker lying on the floor due to a fatal accident at work.

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.
  •       Exposure to hazardous materials.

However, in order to make a fatal accident compensation claim on behalf of a loved one, 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, you can contact our friendly team of advisors.

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

Knowing what to do after you have suffered the loss of a loved one due to a fatal accident at work can be difficult and confusing. This is especially true if you are suffering emotionally or financially from said death. However, the process is actually simpler than you may think, and we are here to help.

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 in support of 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 in support of 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 Claims Service such as our company can provide you with assistance.

Who Can Claim For A Fatal Accident At Work?

When making a fatal accident claim, there are two essential laws that you need to be aware of:

  • The Law Reform (Miscellaneous Provisions) Act 1934, states that the deceased’s estate has the right to bring forth a personal injury claim for a death at work payout after the fatal accident on behalf of the deceased. The estate will be able to claim general damages for the deceased’s pain and suffering as well as special damages for the financial losses they suffered before they passed away. Dependants of the deceased can also make a claim for the effects the death has had on them however not for the first 6 months follwoing the death only the estate can do this.
  • Under the Fatal Accidents Act 1976 (FAA), if 6 months pass and no claim has been made by the estate either for the personal injury claim or on behalf of the dependents, then the deceased’s dependents can bring forward their own claim for how the death has impacted them.

Qualifying dependents include:

  • A current (or former) husband, wife or civil partner.
  • A partner who lived with the deceased for at least two years prior to their death.
  • A parent or somebody similar to a parent.
  • A child or someone who was treated as one.
  • Brothers, sisters, uncles, aunts or cousins of the deceased.

To claim for a death at work payout as the deceased’s estate for their suffering or for how your loved one’s death has impacted you contact our advisors.

What Can Be Claimed For After A Fatal Accident At Work?

If you are considering whether to make a fatal accident at work compensation claim, one of the aspects that we have learned is most important to you as a claimant is the amount of potential compensation that you could receive.

A vital aspect when making a claim is how much compensation you’ll receive. The majority of people who make a wrongful death at work claim believe that they can only claim for only the most minimal of costs and damages incurred as a result of their loss. This typically includes any medical costs that occurred or funeral costs. But that isn’t the case.

You could have grounds to claim compensation for almost any cost that you have endured as a result of your loss, such as:

  • General damages – includes damages difficult to measure exactly, especially emotional suffering as a result of the loss of your loved one.
  • Special damages – includes damages that are more easily measured, such as loss of property stemming from the accident and loss of future income, particularly if you are a dependent of the deceased.
  • Medical costs – includes any costs incurred before the death of your loved one, particularly any private healthcare.
  • Funeral costs – funeral expenses includes costs directly related to organising the funeral for your loved one, such as the cost of a coffin and tombstone, as well as the costs of the funeral ceremony.

As you can see from this list above, there are many different costs and damages related to the loss of your loved one that you could claim. While the amount of compensation you receive does typically rely upon the exact circumstances of the accident, it is important to consider every kind of cost or expense.

How Much Can I Claim For A Fatal Accident At Work?

You are probably interested in how much compensation for the death of a loved one you are entitled to receive. However, any given amount would be an estimation. Due to the inherently unique nature of every wrongful death at work case, any compensation that is awarded will take into account the unique circumstances. Therefore, it is challenging to provide generalised compensation amounts.

However, if you would like a general estimate before making any further enquiry into your claim, the below table contains a basic list of the average compensation amounts, organised by type and severity of the accident. * Starred amounts displayed in the table below are not for the death itself but are elements of a fatality that may be factored into the overall compensation amount if the deceased has suffered in any of these ways:

Edit
Injury/Severity Amount Notes
Fatality add-on £550,000 or over Award could include loss of earnings and other financial dependency in addition to the pain and suffering the deceased experienced.
Death with full awareness (a) £12,540 to £23,810 Severe injuries where death follows between a couple of weeks and a few months.
Injury followed by unconsciousness and death (b) £10,510 to £10,670 The victim will have lost consciousness within 3 hours. Death happens in 2 weeks.
Injury followed by immediate Unconsciousness (c) £3,760 to £4,390 Death will then happen after 6 weeks.
Injury followed by immediate unconsciousness (d) £1,370 to £2,790 Death will then happen within one week.
Moderately Severe Brain Damage £219,070 to £282,010 Where death could happen very soon after the initial injuries happened.
Lung disease (a) £100,670 to £135,920 Where the victim is a young person with a serious disability. The injury becomes worse and leads to an early death.
Severe PTSD £59,860 to £100,670 Where the person suffers serious and permanent effects preventing the person carry out normal activities.
Mental anguish £4,670 Where there is the fear of impending death.

As you can see from this table, there is variety in how each death compensation can be awarded. As such, you will need the support of a Claims Service to ensure you are receiving the compensation you deserve rather than being undervalued by the legal system. In order to receive a more accurate amount, why not speak to our team for a free consultation?

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 a Claims Service 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 charges.

Legal fees can devastate your finances, especially if they are charged against you before the resolution of your claim or regardless of whether you actually receive compensation. Our company wishes to avoid this kind of scenario, which is why we make a commitment to behaving in an ethically sound manner throughout our dealings with you.

One way that we accomplish this is through our No Win No Fee policy. This policy, also known as a Conditional Fee Agreement, 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 only if your claim is successful. In addition to this, there are no upfront fees to cover.

Fatal accident at work claim solicitor.

We truly care about those who need our services and our No Win No Fee policy is the perfect illustration of this. Contact us for information on work or car accident death compensation claims.

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Helpful Links

How Much Compensation Can Be Claimed for Death?

Find out the full amounts of compensation that you could claim for wrongful death at work.

What to do after a death – Citizens Advice

This Citizens Advice link has key points on what to do after a death to help you.

Accident At Work Claims

See the guide above for more information on claiming following a workplace accident claim.

Health And Safety Breaches Examples

Visit our guide on what to do following a breach of health and safety.

More Useful Guides

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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