Who Should Be Informed If A Fatal Accident Occurred At Work?
Has someone close to you died in a fatal accident that occurred at work? Are you wondering how a fatal accident claim can be made?
In this guide, we will look at what should be done if a fatal accident occurs in the workplace. Additionally, we will explore who can make a claim and how much compensation could potentially be awarded. Also, we shall discuss how a solicitor could help you with a No Win No Fee agreement.
However, if you would prefer to talk to someone about your specific situation, you can speak with one of our advisors. Our friendly team of advisors are available 24 hours a day, 7 days a week, to answer your questions and offer you free legal advice concerning your claim.
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Select A Section
- How Could A Fatal Accident Have Occurred At Work?
- Who Is Responsible For Reporting The Death Of An Employee In The Workplace?
- How To Report A Fatal Accident That Occurred At Work
- Who Can Make A Claim For A Fatal Accident?
- What Settlement Could Be Claimed If A Fatal Accident Occurred At Work?
- Claim For A Fatal Accident That Occurred At Work
Additionally, someone could suffer a fatal accident at work. In order to make a valid fatal accident claim, you must prove that the deceased died because the employer breached the duty of care they owed the deceased. But what duty of care is owed in the workplace?
The Health and Safety at Work etc. Act 1974 (HASAWA) states that all employers must do everything they reasonably can to ensure that the workplace is safe. This is the duty of care that they owe you as an employee. They can maintain this duty by performing regular risk assessments and maintenance checks. If an employer were to breach this duty of care, someone could become seriously injured or die in an avoidable accident.
Additionally, if you would like further guidance regarding fatal accident claims, you can contact us today.
Workplace Deaths By Industry
According to reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), the Health and Safety Executive stated that 123 workers died in fatal workplace accidents in 2021/22.
Additionally, the report states that the majority of these fatal accidents occurred in construction (30), and the least was in waste and recycling (1). Also, the majority of these deaths resulted from a fall from a height.
Following the death of an employee in a fatal accident that occurred at work, the employer, manager or supervisor must report the employee’s death. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers have a legal obligation to report a fatal accident at work to the Health and Safety Executive.
RIDDOR is a piece of legislation that requires employers to report the following instances:
- Work accidents that result in death;
- Work accidents which cause certain reportable serious injuries
- Diagnosis of industrial diseases; and
- Dangerous occurrences
Contact one of our advisors today for more information on fatal accidents in the workplace.
Every death to employees or workers alike and non-workers must be reported if they have resulted from a work-related accident; this includes an act of physical violence to a worker. Suicides do not need to be reported, as the death did not result from an accident at work.
The official UK government’s website states that all deaths in the workplace (excluding Northern Ireland) must be reported to the:
- Health and Safety Executive.
Additionally, following a fatal accident that occurred at work, the employer could log the accident into the accident report book (if one is available in the workplace).
Contact our advisors today if you are wondering how to make a claim on behalf of a loved one for a fatal accident that occurred at work.
The Law Reform (Miscellaneous Provisions) Act 1934 allows the deceased’s estate to bring forward a claim on behalf of the deceased for their pain and suffering. Additionally, they can make a claim for how the death has impacted the deceased’s dependents.
The Fatal Accidents Act 1976 (FAA) states that certain relatives, known as dependents, can make a claim for how the death has impacted them. The FAA defines the following people as dependents:
- A current or former spouse.
- Someone who lived with the deceased as a spouse for 2 years before they died.
- A parent or someone treated as one.
- A child or someone treated as one.
- Any siblings, aunts, uncles, nieces or nephews.
However, it is important to note that a dependent can only make a claim if the deceased’s estate hasn’t started one on their behalf within 6 months of the deceased’s death. Furthermore, dependents can only make a claim for how the death has impacted them.
Call our advisors today for more information on claiming for a fatal accident of a loved one that occurred at work.
As we stated in the previous section, the deceased’s estate can make a claim on behalf of the pain and suffering of the deceased. To help you understand how much could be claimed in damages following a fatal accident for the pain and suffering of the deceased, we have created the following table.
The compensation brackets we have listed have been taken from the most recent edition of the Judicial College Guidelines (JCG), published in April 2022. We have used the JCG’s figures as many solicitors will use this document to help assist them when valuing various claims. Please note that this table should only be used as a guideline.
|Death (with add-on claims).||This accounts for the compensation awarded for the deceased's suffering and pain, including any additional payments such as loss of earnings and dependency payments.||Up to £550,000 and over.|
|Injury Resulting From Brain Damage||(a) Very Severe - The person will need constant care. Several factors will affect how much is awarded, including life expectancy, sensory impairment, the extent of physical limitations and ability to communicate.||£282,010 to £403,990|
|Paralysis||(a) Tetraplegia/Quadriplegia - Someone who experiences physical pain and has had their senses and communication significantly affected will be awarded the higher end of this bracket.||£324,600 to £403,990|
|Paralysis||(b) Paraplegia - Factors such as the extent and presence of pain, depression and whether sexual function has been impacted will affect how much is awarded.||£219,070 to £284,260|
|Injuries Resulting in Death||(a) Full Awareness - The person will be fully aware for a short time after they suffer severe lung damage and burns. For 4-5 weeks, they will be in and out of consciousness before dying within 3 months.||£12,540 to £23,810|
Additionally, other forms of compensation that could be claimed in a fatal accident claim include:
- The funeral costs.
- Dependency – This covers any past or future lost earnings of the deceased that leave the deceased’s family worse off financially.
- Loss of services – If the deceased helped with DIY around the home or helped with the children, this is deemed as a lost service now that the deceased has died.
- Bereavement Award. – This award compensates the deceased’s partner or parent (if they were an unmarried minor) for the grief the death has caused them. It is a lump sum of £15,120 and is stated in Section 1A of the FAA.
Contact our advisors today for further guidance on making a claim for a fatal accident that occurred at work.
If you are considering making a fatal accident claim, a solicitor may be able to represent you on a No Win No Fee basis. With this type of agreement, there are generally no upfront fees that are payable. Additionally, if the claim is successful, you will be required to cover a success fee. This is a capped percentage taken from the compensation when your solicitor receives it, then the rest is sent to you.
If a loved one has died in a fatal accident that occurred at work caused by employer negligence and you’re wondering how to start a fatal accident claim, you can speak with our advisors. Our friendly team can help answer any of your questions and can offer you some free legal advice.
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For more articles by us:
- How to claim for a fatal car accident.
- How to claim compensation for unnecessary surgery.
- Claiming criminal injuries compensation with a criminal record.
- Compensation Payouts For Fatal Accidents At Work
Additional information and resources:
Additionally, you can call us today for further guidance on claiming if a fatal accident occurred at work and involved a loved one.