Following the loss of a loved one in a workplace fatal accident, you may want to learn more about fatal accident at work compensation payouts and when you could claim. In order to claim, you need to show that the death was caused by a breach of duty of care, which we will elaborate on throughout this guide.
In this guide, we will discuss potential compensation payouts for fatal accidents in the workplace. Following this, we will explain who can claim for a fatal accident at work and how a solicitor from our panel could benefit your claim. We will also discuss how fatal accidents can occur in the workplace and the importance of proving your claim with evidence.
If you have any other questions regarding the fatal accident claims process, an advisor from our team could help. They can provide you with a free consultation in which they can answer your questions, evaluate your claim, and offer free legal advice. To get in touch with one of our advisors:
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- Fatal Accident At Work Compensation Payouts
- Who Could Claim For A Fatal Workplace Accident?
- Causes Of Fatal Accidents At Work
- Evidence Supporting Fatal Accident At Work Compensation Claims
- No Win No Fee Agreements For Fatal Workplace Accident Claims
- Learn More About Fatal Accident At Work Compensation Payouts
Because every claim has unique circumstances, we cannot offer an average fatal accident compensation amount. But, we can explain the different types of compensation that you could potentially claim following the passing of a loved one.
General damages is the head of claim that addresses the pain and suffering experienced by the deceased before their passing. Below, we have constructed a table using figures provided by the Judicial College Guidelines (JCG), a document solicitors often refer to when calculating general damages awards.
|Death With Further Claims
|This bracket includes both the pain and suffering of the deceased and further claims, such as a claim for loss of income or loss of consortium.
|£324,600 to £403,990
|Effects on the senses, lasting pain, and whether or not the person is aware of their disability are all considered within this bracket.
|£219,070 to £284,260
|This bracket considers depression, pain, and the extent to which the person has to rely on others for care.
|Very Severe Brain Damage
|£282,010 to £403,990
|There is a need for full-time professional care, with little to no language function or meaningful response to environmental changes.
|Severe Psychiatric Damage
|£54,830 to £115,730
|In this bracket there is a very poor prognosis a a result of severe issues in coping with day to day life.
|Severe Post-Traumatic Stress Disorder
|£59,860 to £100,670
|There is no remaining ability to function at the pre-trauma level due to severe symptoms.
|Death with Full Awareness
|£12,540 to £23,810
|There is a period of full awareness that falls to a fluctuating level of consciousness for several weeks, ultimately resulting in death within three months.
What Else Can Be Claimed For?
Fatal accident at work compensation payouts can also include payments for the benefits of dependants, which can include:
- Loss of consortium, which takes into account the loss of a familial or intimate relationship. For example, this could cover a loss of companionship or a sexual relationship.
- Loss of services, for example, if the deceased was responsible for childcare, and since their passing, you have had to pay for professional childcare.
- Funeral costs
- Financial dependency, including past and future dependency if the loss of the deceased’s earnings has impacted you
- A bereavement award, which is a lump sum of £15,20. This can only be claimed by certain qualifying relatives
To find out who can claim these payments, read on or contact an advisor from our team.
For the first six months, only the estate of the deceased can make a fatal injury compensation claim. They can claim for general damages, as explained above, but they can also claim on behalf of the deceased’s dependents. However, if the estate does not claim on behalf of the dependents within six months, they can pursue a claim under the Fatal Accidents Act 1976 themselves.
According to the Fatal Accidents Act 1976, dependents include:
- A current or former civil partner, husband, or wife
- Anyone who lived as a spouse with the deceased for over two years
- A grandparent, parent, or anyone who was treated as such by the deceased
- A child, stepchild, or other descendent of the deceased
- The sibling, aunt, or uncle of the deceased or the children of any of these parties
However, in order to claim, it’s important that you can establish that negligence contributed to the passing of your loved one. The Health and Safety at Work etc. Act 1974 states that all employers owe their employees a duty of care. This means they must take all reasonably practicable steps to ensure their safety. However, if they fail to fulfil this duty, and your loved one is harmed as a result, this is known as negligence.
What Is The Fatal Accident At Work Limitation Period?
You may be wondering how long you have to claim following a fatal accident. Generally, you will have three years to start a claim, beginning either on the date of death or on the date that an inquest or postmortem connects their passing with negligence. This time limit is set out by the Limitation Act 1980.
For more information on who can claim fatal accident at work compensation payouts, get in touch with our team.
There are many ways that a fatal accident at work could take place. According to the HSE, the most common cause of fatal injuries in the workplace is falling from a height, which accounted for 29 deaths in the year 2021/22. However, as we have already mentioned, the accident must be caused by negligence to form the basis of a valid claim; these statistics relate to accidents overall and not those caused by negligence.
Some examples of how negligence can contribute to a fatal accident in the workplace include:
- An employer providing their workers with faulty equipment. For example, they knowingly provide someone who works at a height with an inadequate or broken harness which causes them to suffer a fatal fall.
- Allowing untrained workers to drive vehicles such as cars and forklifts, resulting in a fatal accident
- Failing to provide adequate health and safety training that employees need to do the job safely
These are just a few examples of how negligence can contribute to a fatal accident in the workplace. To find out if you could be eligible to claim, get in touch with our team today.
One way of supporting your fatal accident at work claim is by collecting evidence. This can help prove that the deceased’s employer is at fault for their passing as well as support a claim for their pain and suffering. Some examples of evidence that you could collect include:
- Medical records: The deceased’s medical records will detail their injuries and the treatments they received for them, and these can be used to support a claim for pain and suffering.
- CCTV footage: CCTV of the accident or of the circumstances that led to the accident can be used as evidence.
- Witness contact details: Collecting potential witnesses’ contact details means that their statements can be taken by a professional at a later date.
- Coroner’s report: Similar to medical records, a coroner’s report can help establish the cause of death and support a claim for pain and suffering.
A fatal accident solicitor from our panel could help you gather evidence to support your claim. Contact our team today to learn more about pursuing a compensation payout for a fatal accident at work.
If you intend to start a claim for a fatal accident at work, a solicitor from our panel may be able to help. Our panel offer legal services on a No Win No Fee basis by offering Conditional Fee Agreements (CFAs). Entering into a CFA typically means you can access legal services without paying your solicitor any upfront fees or ongoing fees as your claim progresses.
Generally, under a CFA, the only fee that your fatal injury at work solicitor will take is a success fee. This is only in the event that your claim succeeds and consists of a small percentage of your compensation. This percentage has a legislative cap, which ensures that you keep the majority share of your award. However, should your claim fail, you typically won’t pay any fees to your solicitor for their work on your claim.
Contact Us About Fatal Accident Claims
Our advisors can potentially put you in contact with a solicitor from our panel following a free consultation when you get in touch today. To get started:
We have more helpful guides on fatal accidents both in and outside of the workplace. To learn more, we recommend:
- Everything You Need To Know About Fatal Accident Claims
- How To Make Fatal Accident Claims In Scotland
- Can You Claim Compensation After A Fatal Car Accident?
Or, to access further resources follow the links below:
- NHS – Grief after bereavement or loss
- HSE – Accidents and investigations
- GOV – Death and bereavement
Our advisors can tell you more about fatal accident at work compensation payouts when you get in touch today.
Article by AA