Losing someone you love is devastating, especially from a workplace accident. While no amount of money could ever make things right, fatal accident at work compensation could financially support you during these incredibly difficult times, and could also give you a sense of justice following your loss.
Fatal accident compensation can also be claimed for the suffering caused before the deceased’s death as well as any financial losses that occurred.
Key Takeaways
- Certain criteria need to be met in order to make a fatal accident claim.
- Following the deceased’s death, only their estate can make a claim for the first 6 months.
- Usually, the fatal accident claims time limit is 3 years.
- Our panel of fatal accident solicitors all work on a No Win No Fee basis, meaning you pay nothing for their work unless the claim is successful.
The solicitors from our panel at Public Interest Lawyers have years of expertise in securing fatal accident compensation for bereaved loved ones. They will go above and beyond to support you however they can during this challenging time. Contact us today for a free, no-obligation consultation. You can also continue reading to learn more about how to make this type of claim.
- Call 0800 408 7825.
- Send your enquiry off on our ‘Contact Us’ page.
- Send your enquiry into our live on-screen chat box.
Jump To A Section
- What Are Fatal Accident At Work Compensation Claims?
- What Can Cause Fatal Accidents At Work?
- Who Can Make A Claim For Fatal Accident At Work Compensation?
- What Compensation Could Be Granted For A Fatal Accident At Work?
- How Can We Prove Negligence Caused The Accident?
- If I Claim, Will My Family Have To Go To Court?
- How Long Until Fatal Accident At Work Compensation Is Paid?
- How Could A Conditional Fee Agreement Help Me Claim?
- More Information
What Are Fatal Accident At Work Compensation Claims?
A fatal accident at work compensation claim can be split into two parts. The personal injury claim will compensate for the pain and suffering caused prior to the deceased’s death.
The second part being the dependency claim. This is where dependants of the deceased can seek compensation for how the death has and will impact them.
In the next section of this guide, we discuss when this type of claim can be made, and by who.
Who Can Make A Claim For Fatal Accident At Work Compensation?
For a fatal work accident claim to be made, it must be proven that negligence occurred. These following factors form the basis of negligence.
- The deceased was owed a duty of care.
- This duty of care was breached as a result of negligent actions.
- This breach led to a fatality.
The deceased would have been owed a duty of care by their employer. Under the Health and Safety at Work etc. Act 1974, all employers owe a duty of care to all their employees. This means that employers have a legal responsibility to take certain reasonably-expected steps to ensure safety while at work.
Law Reform (Miscellaneous Provisions) Act 1934
Under the Law Reform (Miscellaneous Provisions) Act 1934, only the deceased’s estate can make a claim for the first 6 months following the deceased’s death. They can make a claim for:
- How the deceased suffered physically, psychologically, and financially prior to their death.
- How the deceased’s ‘dependants’ have suffered from their death.
They are also the only party which can ever claim for the deceased’s pain and suffering.
The Fatal Accidents Act
If the deceased’s estate has not made a claim within these first 6 months, ‘dependants’ can then make a claim for how they’ve suffered from the death, as per the Fatal Accidents Act 1976 (FAA).
‘Dependants’ include:
- Current or former wives, husbands, and civil partners.
- Anyone who lived with the deceased as a spouse for 2 years prior to their death.
- Parents and guardians (including step-parents).
- Children or those who were treated like the deceased’s children (including step-children from current or former marriages/civil partnerships).
- Siblings, uncles, and aunts (including their children too).
Please contact us if you are a dependant of someone who was fatally harmed from an accident at work. You might be able to claim compensation for how you’ve been impacted.
What Compensation Could Be Granted For A Fatal Accident At Work?
As previously discussed, the deceased’s estate can claim fatal accident at work compensation for how the deceased suffered physically, psychologically, and financially prior to their death.
Compensation for their physical and psychological suffering is awarded under ‘general damages’. This can cover:
- The pain they felt.
- Their loss of amenity (loss of enjoyment).
- How long they suffered for.
Compensation for their financial suffering is awarded under ‘special damages’. This can cover:
- Costs for any private medical treatment.
- Professional and domestic care costs.
- Past and future loss of earnings from not being able to work following the accident.
When general damages are being calculated in a fatal accident claim, the compensation guidelines in the Judicial College Guidelines (JCG) may be referred to. This document contains compensation guidelines for various types of harm, including fatal injuries.
These guideline figures in the table have all been taken from the JCG (except for the top figure). Please only refer to this table as a guide, as the value of every fatal accident claim depends on unique factors.
| Injury | Guideline figures |
|---|---|
| Fatality plus add-on claims | Up to £550,000+ |
| Paralysis - tetraplegia (a) | £396,140 to £493,000 |
| Paralysis - paraplegia (b) | £267,340 to £346,890 |
| Brain damage - very severe (a) | £344,150 to £493,000 |
| Injuries leading to death - full awareness (a) | £15,300 to £29,060 |
What Are Bereavement Damages?
Bereavement damages are a set award of £15,120 that certain dependants can claim, as per the Fatal Accidents Act 1976 (FAA).
These qualifying dependants are:
- Current wives, husbands, and civil partners.
- Anyone who lived with the deceased as a spouse for 2 years prior to their death.
- Parents (if the deceased was an unmarried minor), or just the mother (if the deceased was an unmarried minor born out of wedlock).
If more than one qualifying dependant claims bereavement damages, the award is split between them.
To learn more about claiming bereavement damages, please contact us today.
What Other Compensation Can Be Awarded?
Compensation for dependants can cover:
- Costs for the funeral.
- Past and future loss of services – if the deceased helped with DIY around the home or childcare. Your solicitor can quantify these losses.
- Dependency – if the deceased’s past and future loss of earnings impacts a dependant’s income.
- Loss of consortium/loss of a special person – this covers loss of companionship and the impacts on the family’s relationship.
Please contact us for more information on how fatal accident at work compensation is calculated.
What Can Cause Fatal Accidents At Work?
Here are some specific examples of how duty of care could be breached by an employer and how this could potentially lead to a fatal accident at work:
- The employer gave an employee a broken ladder to use on a construction site, causing the employee to fall from a height.
- The employer failed to provide an employee with the necessary Personal Protective Equipment (PPE) before asking them to work with dangerous chemicals, causing the employee to suffer a fatal chemical burn injury.
- No training was given by the employer on how to operate a forklift truck. As a result, an employee lost control of the truck and drove into a fellow employee in the process.
Please don’t worry if the deceased’s circumstances haven’t been listed above. A fatal accident at work could potentially happen in various ways. So, please call us today to find out whether you’re eligible to make a fatal accident claim.
How Long Do I Have To Start A Claim?
The time limit to start a fatal accident at work compensation claim is usually 3 years. These 3 years can commence from either:
- The date of death.
- The date that the death was linked to negligence from an inquest or post-mortem (this is also known as the date of knowledge).
We understand that the months following a death are extremely busy and difficult, especially when there are practical and administrative demands to deal with on top of your grief. However, if you’re eligible to make a fatal accident claim, you should contact us as soon as possible to ensure that you’re within the time limit.
How Can We Prove Negligence Caused The Accident?
Here are the types of evidence that can prove how an employer breached their duty of care, and how this breach led to a fatality:
- CCTV footage of the accident.
- Photographs taken of the causation of the accident (such as of a broken ladder).
- Copies of the deceased’s medical evidence, such as records that state their fatal injuries.
- Copies of the findings from the coroner’s report/inquest.
- Contact details from any colleagues who witnessed the fatal workplace accident. During the claims process, they can be asked to provide witness statements.
- A copy of the accident report book and what the workplace’s investigation findings are.
- Proof of the financial losses that have resulted from the fatal accident – invoices, receipts, payslips, and bank statements.
If you are struggling to gather all of this evidence by yourself, don’t worry. We can help. Collecting evidence is a part of our panel of solicitors’ services.
If I Claim, Will My Family Have To Go To Court?
Most fatal accident compensation claims are settled out of court. So, the chances that your claim is taken to court is very unlikely.
However, in the rare event that your claim is taken to court, your solicitor will be by your side every step of the way.
How Long Until Fatal Accident At Work Compensation Is Paid?
We cannot give you a set time for how long it could take for fatal accident at work compensation to be paid. This is because the length of each claim is unique, depending on factors such as:
- How long it takes for all the evidence to be gathered.
- How long investigations and the coroner’s report takes.
- If the claim is taken to court.
To potentially get the fatal accident at work claims process started today, please give us a call.
How Could A Conditional Fee Agreement Help Me Claim?
A Conditional Fee Agreement (CFA) is the specific type of No Win No Fee agreement that our panel of fatal accident solicitors offer.
While being represented under a CFA, you pay nothing for your solicitor’s work:
- Before the claim is filed.
- During the entire claims process.
- If your claim is unsuccessful.
If your claim is successful, you still don’t have to pay for your solicitor’s work directly from your pocket. Your solicitor will just keep a small percentage of your compensation instead. This percentage is referred to as the ‘success fee’ and is capped by the law to ensure that claimants get the majority of the compensation no matter what.
Here are some of the solicitor services that are provided under this CFA:
- Gathering evidence.
- Corresponding with the deceased’s employer on your behalf.
- Sorting legal representation if the claim is taken to court.
- Ensuring the fatal accident at work compensation total is fair.
- Ensuring the claims time limit is adhered to.
This is why a CFA is the most cost-effective way to hire a solicitor in a fatal injury claim. The last thing you need during this difficult time is to be worrying about having the funds to get legal help. Our panel of solicitors want the best for you, and will use their years of experience to fight the best possible case for you.
Contact Us
To find out free-of-charge whether you can connect with one of the No Win No Fee solicitors from our panel and make a fatal accident at work compensation claim, please either:
- Call 0800 408 7825.
- Send your enquiry off on our ‘Contact Us’ page.
- Send your enquiry into our live on-screen chat box.
Our contact services are live to use at any time, 24/7.
More Information
Here are some of our other accident at work claims related guides:
- Learn how to make a fatal accident claim in Scotland, since certain legislation may differ.
- Find out how to make an assault at work claim if you or a loved one has suffered a criminal injury in the workplace.
- Browse some common FAQ’s about fatal injury compensation.
Additionally, you might find these pages helpful:
- Citizens Advice – advice on what to do after a death of a loved one.
- Gov.UK – how to apply for probate and take on the role of managing a person’s estate.
- Health and Safety Executive (HSE) – information about what employers should do to abide by their duty of care.
Thank you for reading our guide today on how to claim fatal accident at work compensation. We understand that this will be a difficult time for you, and we’re here to answer any of your questions.
