This guide will discuss when a fatal injury compensation claim could be made if a loved one died in a fatal accident on a construction site. We will discuss the specific eligibility criteria that must be met and who could bring forward a claim on the deceased’s behalf.
Additionally, this guide will share the types of evidence that could be used to support a fatal accident at work claim. We will also discuss the different forms of compensation that could be awarded following a successful fatal injury claim. Furthermore, this guide will conclude by discussing how a No Win No Fee solicitor from our panel could help you make a fatal injury claim on behalf of a loved one.
To receive free advice or to ask any questions you may have about the claiming process, you can contact a member of our friendly advisory team. They can be reached 24/7 via the following methods:
Select A Section
- When Can I Claim Fatal Accident Compensation On Behalf Of A Loved One?
- Who Can Claim Following A Fatal Accident On A Construction Site?
- What Evidence Could Help Me Claim For A Construction Accident Death?
- Fatal Accidents Claims – Potential Compensation Amounts
- Claim For A Fatal Accident On A Construction Site Using A No Win No Fee Solicitor
- Learn More About Claiming For Fatal Construction Accidents
Following the death of a loved one who died in a fatal accident on a construction site, you will need to be able to meet the following criteria in order to bring forward a fatal injury claim:
- The deceased must have been owed a duty of care.
- This duty was breached.
- Due to this breach, the deceased was fatally injured.
All employees, including those who work on construction sites, are owed a duty of care by their employer. This duty is set out within the Health and Safety at Work etc. Act 1974. It states that employers must take reasonably practicable steps to ensure the safety of those they employee while they are working. This could include providing personal protective equipment (PPE), and performing regular risk assessments and maintenance checks.
If a loved one died in a fatal accident due to their employer breaching the duty of care they owed, a fatal injury claim could be made.
How Many Fatal Accidents Are On Construction Sites?
The Health and Safety Executive (HSE) provide statics on non-fatal and fatal work-related injuries in Great Britain. They reported that in 2022/23, 135 workers were killed in work-related accidents, with the majority being within the construction industry (45). Additionally, the most common accident that resulted in a fatal injury was falling from a height.
If you have lost a loved one in a fatal accident on a construction site and would like to know whether you could be eligible to bring forward a claim on their behalf, you can contact our advisors. You can also find out more general advice on construction injury claims here.
If you have lost a loved one in a fatal accident on a construction site, you may be wondering, “Who can bring a fatal accident claim forward?”.
The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased to bring forward a claim for the pain and suffering experienced by the deceased. They are the only party that can make this particular type of claim. They can also bring forward a claim on behalf of the deceased’s dependents. It is important to note that only the estate can bring forward a claim for the first six months following the deceased’s death.
If no claim has been brought forward after the first six months following the deceased’s death, then their dependents can bring forward their own claim for how the death has impacted them. This is set out within the Fatal Accidents Act 1976. However, only certain relatives qualify as a dependent, these include:
- A husband, wife, or civil partner (current or former).
- Someone who lived with the deceased for at least two years prior to the death as spouses.
- A parent or other ascendant, or anyone treated as their parent.
- A child or someone who was treated as their child, such as a stepchild.
- The sister, brother, aunt, uncle or cousin of the deceased.
To see whether you could be eligible to bring forward a claim for how a loved one’s death has impacted you, contact our advisors.
When making a fatal injury claim on behalf of a loved one who died in a fatal accident on a construction site, you will need to provide evidence that proves their fatal injuries were caused by their employer breaching their duty of care. Some examples of evidence that could be acquired include:
- Visual evidence of the accident taking place, such as CCTV footage.
- Photographs of the accident scene.
- A copy of the deceased’s medical records stating the injuries they suffered.
- A coroner’s report or the results following a post-mortem inquest.
- Contact details for anyone who witnessed the accident and can provide a supporting statement at a later date.
- A copy of the report made in the accident book.
Contact our advisors today to see whether you could be connected with one of the solicitors on our panel. They could then assist you with gathering the evidence you need to support your case.
Those calculating this amount may use the Judicial College Guidelines (JCG) alongside other evidence to help them. This is because the JCG provides a list of injuries and assigns them compensation guideline brackets.
For the table we have created below, we have used some of the amounts listed within the JCG. Please only refer to this table as a guide.
|Death with add on claims
|Up to £550,000 and over
|Compensation awarded for the deceased's pain and suffering as well as dependency payments such as loss of earnings.
|Brain Damage - Very Severe
|£282,010 to £403,990
|Some ability to follow basic instructions but little responses to environmental stimuli and need for full time nursing care.
|Tetraplegia (Also known as Quadriplegia)
|£324,600 to £403,990
|The higher end of this bracket is applicable to cases where the person feels physical pain and communication and the senses are significantly effected.
|£219,070 to £284,260
|Award depends on level of pain, degree of independence, impact on life expectancy and other symptoms.
|General Psychiatric Damage - Severe
|£54,830 to £115,730
|Significant problems with all areas of life and a extremely poor prognosis.
|Post-Traumatic Stress Disorder (PTSD) - Severe
|£59,860 to £100,670
|Permanent symptoms will prevent the person function as they did before the trauma occurred, with all areas of life negatively affected.
|Injuries Leading To Death - Full Awareness
|£12,540 to £23,810
|The person will be fully aware of their injuries for a short while before falling unconsciousness. They will die within a few weeks up to 3 months.
What Else Can I Claim For In Fatal Accident Claims?
Other forms of compensation that could be awarded for a successful fatal accident claim include:
- The cost of the deceased’s funeral.
- Loss of earnings, both past and future, of the deceased if the family were dependent on their income.
- Loss of a special person. This provides compensation for the losses that cannot be quantified financially elsewhere. It covers things like the impact on a familiar relationship or the loss of companionship.
- Loss of services. For example, if the deceased helped with DIY around the home or with childcare, compensation could be awarded to cover these lost services.
Certain relatives can also receive a Bereavement Award. This is a set figure of £15,120 and can be awarded to or split between the following:
- A civil partner, husband, or wife.
- Someone who cohabitated with the deceased as husband and wife 2 years prior to their death.
- The parents of the deceased if they were a minor that was not married.
For more information about what could be awarded following a successful claim for a fatal accident on a construction site, you can contact our team of friendly advisors.
One of the No Win No Fee solicitors on our panel could assist you with making a fatal construction site accident claim. By offering to work with you under a Conditional Fee Agreement, you will benefit from the following advantages:
- You will generally not be obligated to pay them any upfront fees for their services.
- There are no ongoing fees to pay for their continued work on your claim.
- If your claim is unsuccessful, you will not need to pay for the services your solicitor has provided on your case.
Alternatively, if they do succeed with your fatal building site accident claim, they will be due a success fee. They will take this directly from your compensation as a small percentage that is subject to a legal cap.
If you have lost a loved one in a fatal accident on a construction site, you can contact our advisors for free advice regarding the claiming process. They could also potentially connect you with one of the fatal accident solicitors on our panel. To speak with them today, you can:
Additional guides by us:
- Read our article on accidental death claims.
- Advice on claiming following a fatal car accident and how compensation is calculated for such claims.
- Information about what is the average fatal accident compensation amount, and when you could make a claim.
Some external resources:
- Gov.UK guide that provides bereavement help and support following the death of a loved one
- NHS guidance on getting help for grief after bereavement or loss of a loved one.
- Gov.UK guide regarding your benefits, tax and pension following the death of a partner.
For more information about making a claim on behalf of a loved one who died in a fatal accident on a construction site, you can contact our advisors.