Fatal Accident At Work Claims | No Win No Fee
By Cat Way. Last Updated 8th August 2023. In this guide, we will look at what you can do if a fatal accident occurs at work. If your loved one has passed away as a result of workplace negligence, then you may be able to make a claim on their behalf. This guide will explain the process of claiming and what you could receive.
This guide will walk you through the steps of how to make a claim on behalf of someone who has been involved in a fatal accident at work. It will also look at how to report a fatal accident, what should be done if an accident happens, as well as how a No Win No Fee arrangement could benefit you.
If you are interested in making a claim on the behalf of a loved one or family member who has sustained a serious injury that has caused them to lose their life, then you can contact us. Our team of advisors are available 24 hours a day, 7 days a week and can offer free legal advice. If they conclude that your claim is valid, then they will put you in contact with our solicitors.
Get in touch with us today:
- Call us on 0800 073 8804
- Chat with us through our live chat
- Or contact us through our website
What to do if a fatal accident occurs at work
Select A Section
- What Is A Fatal Accident At Work?
- Who Should Be Informed First If A Fatal Accident Occurs At Work?
- When Should The Health And Safety Executive Be Informed Of A Fatal Accident At Work?
- What Could Cause A Fatal Accident At Work?
- Can You Claim If A Fatal Accident Occurs At Work?
- Compensation Payouts For A Fatal Accident At Work
- Can I Claim On A No Win No Fee Basis?
What Is A Fatal Accident At Work?
A fatal accident at work is when a workplace accident has led to someone losing their life. Sometimes, a fatal accident occurs at work because of a breach of duty of care.
However, in other cases, fatal workplace accidents can happen as a result of employer negligence. This means that the employer breached the duty of care that they owed their employee in a way that led to death.
When making a personal injury compensation claim, including for fatal accidents, there are time limits that apply. You should generally start your claim within three years of the date of death, but there are some exceptions.
For example, it may only be worked out at a later date that your loved one passed away as a result of negligence. For example, this might only come to light at an inquest or after an autopsy. If this is the case, then the time limit would run from the date of knowledge that negligence led to these circumstances.
Who Should Be Informed First If A Fatal Accident Occurs At Work?
When a fatal accident occurs at work, there is a procedure that employers need to follow, These include:
- Filling out information in the accident report book. All workplaces with ten or more employees are legally required to have an accident at work book. Good practice should mean that all incidents are reported, but it’s a legal requirement to report and record accidents that result in death.
- Inform the appropriate authorities, such as the police, if necessary. They may inform the family members of the person who has passed away.
- Report the incident. Certain reportable incidents need to be reported to the HSE under RIDDOR. This includes ones that have resulted in death.
If you are still unsure of how to proceed with a claim for a fatal accident that occurs at work, you can speak with our claims team today. This service is available 24 hours a day, 7 days a week. If you have any questions or queries no matter how minor they may seem, contact us.
When Should The Health And Safety Executive Be Informed Of A Fatal Accident At Work?
Only certain parties can make reports to the HSE under RIDDOR. This cannot be done by just anyone; it must be a “responsible person”. This can be an employer or someone in control of the work premises, such as a site manager. Self-employed people are also responsible persons and can make this kind of report.
A report must be received by the HSE within 10 days of the reportable occurrence happening. You can make a RIDDOR report online or over the phone.
The HSE are not an emergency service. If you call them to get in touch out of hours to report a death or dangerous incident, this is not a substitute for notifying the relevant authorities.
Speak with one of our advisors today for more information about what to do if a fatal accident occurs at work.
What Could Cause A Fatal Accident At Work?
Unfortunately, there are many ways in which a fatal accident at work could occur. However, in order to pursue a fatal accident at work claim, the accident must be the result of employer negligence. With this in mind, some examples of how employer negligence could contribute to a fatal accident could include:
- Electric shocks: A strong electric shock could cause a person to go into cardiac or respiratory arrest, which can be fatal. If an employer fails to provide adequate training or safely signpost live wires, this could result in an electric shock.
- Falls from a height: Employers should provide adequate safety equipment, such as harnesses and wires. If they fail to do so, this could lead to an employee falling from a great height and suffering fatal injuries.
- Moving vehicles: Employees who drive commercial vehicles, such as forklifts, should receive adequate training to help avoid fatal accidents.
Our advisors are here to help if you have any questions regarding claiming compensation for a fatal accident. Contact our team today to learn more.
Can You Claim If A Fatal Accident Occurs At Work?
You can make a claim on behalf of a loved one who has passed due to an accident at work. For the first six months, only the estate of the deceased can make a claim according to the Law Reform (Miscellaneous Provisions) Act 1934. If no claim has been made by them within six months, then a claim can be made by a qualifying relative as defined in the Fatal Accident Act 1976.
In order to make a claim, however, you would need to show that the death came about as a result of negligence. If your loved on passed away in a way that was not caused by a breach of duty of care, then you would not be able to claim.
However, if negligence led to the injury that caused them to lose their life, you could claim compensation. For example, if they were not given a helmet on a construction site and this caused them to sustain a fatal head injury, this could form the basis of a valid claim.
We recommend that you work with a legal representative to ensure that your claim is handled with the best possible care and can achieve the best possible outcome. Get in touch today to see if you could be passed to a solicitor from our panel.
Compensation Payouts For A Fatal Accident At Work
When you make a fatal accident claim, you could receive compensation that takes into account how the deceased person suffered before they died. This payment is valued with the help of the Judicial College Guidelines (JCG), which is a publication containing guideline compensation brackets for a range of different kinds of injuries We also have a free personal injury claims calculator for you to use.
The table below contains extracts from these guidelines:
| Type of injury | Compensation Bracket | Description |
|---|---|---|
| Quadraplegia | £324,600 to £403,990 |
Figure depends on a number of factors including awareness and levels of pain. |
| Paraplegia | £219,070 to £284,260 |
Figure depends on a number of factors including awareness and levels of pain. |
| Brain Damage | £264,650 to £379,100 | Where the injured person exhibits little or no meaningful response to their environment. |
| Psychiatric Damage (General) | £54,830 to £115,730 | The injured person’s ability to cope with life will be impacted. |
| Fatality plus add on claims | Up to £550,000 and over | Can include compensation for the pain and suffering of the deceased as well as any losses experienced by dependents. |
There are other costs that can be included in a fatal accident claim include:
- A bereavement award. This is a flat award of £15,120. It can only be paid for the benefit of certain relatives according to this act.
- Dependency award. This can take into account financial dependency (to cover the money that the dependants relied on from the deceased) and services dependency (to take into account any services that they provided such as DIY or lifts to and from school).
- Funeral costs, for example, the cost of a headstone or a burial plot.
Get in touch with our team today for free, no-obligation free legal advice. Our advisors are available 24 hours a day, 7 days a week. If you have any questions about what to do if a fatal accident occurs at work, no matter how minor they may seem, contact us.
Can I Claim On A No Win No Fee Basis?
When you are making a claim for a fatal accident that occurs at work, you may find that you’d benefit from working with a lawyer. If this is the case, you might be interested in knowing more about No Win No Fee arrangements.
A Conditional Fee Agreement (CFA) is a form of No Win No Fee arrangement. These are put in place to reduce the financial barriers associated with seeking legal representation.
Under a No Win No Fee agreement, an unsuccessful claim means that you wouldn’t have to pay any fees to your solicitor. You also won’t be asked to pay anything upfront or as the claim progresses.
A successful claim means that you would have to pay a success fee; this is a fee which has a cap placed on it by law. So this means you wouldn’t be overpaying for your solicitor’s services.
If you’re interested in hiring a solicitor for your claim, our team could help by assessing your case. Once they have assessed your claim, and if they have determined that it could be successful, they could then assign a solicitor from our panel of solicitors to represent you.
You can get in touch through:
- Our contact form
- Call us on 0800 073 8804
- Our live chat
Learn More About Fatal Accident Claims
Additionally, we have gathered a section of resources for you to have a look through. See the links below:
- Who can claim compensation under the Fatal Accidents Act?
- How much compensation for a fatal car accident?
- Care home negligence death claims
- Learn about your legal rights in relation to accidents in work environments
Additionally, these external resources from the HSE and other sources will help you through the claims process.
- RIDDOR: How to report
- Examples of reportable incidents
- Gov.uk information on what to do when an employee dies
If you have any further questions on what to do if a fatal accident occurs at work, speak with one of our advisors.
