A Guide To Fatal Accident At Work Compensation Claims

By Megan Stanley. Last Updated 6th January 2023. Welcome to our guide to making fatal accident at work compensation claims. If you have been faced with the death of a loved one through a sudden accident at work, it can be extremely traumatic for all the family and loved ones in their life. While you are grieving in the period after their passing away, you will likely be busy with tasks such as arranging a funeral and notifying the authorities of their passing away, as well as dealing with their possessions, care for their dependents and any other arrangements that need to be made.

After the initial period after a loved one’s death, you may have a period of reflection on what happened. This may lead you to question whether the accident was anyone’s fault. It may leave you with many questions, particularly when it comes to the details surrounding the accident that caused their fatal injuries.

We understand how devastating it can be to lose someone suddenly, particularly if the accident that led to their passing away may have been avoided. This may lead to feelings of anger and frustration that had the accident not happened, your loved one would still be there with you. Aside from the obvious financial implications of losing a loved one, such as funeral costs and loss of a household income, you may want reassurance that the same accident won’t happen again. This is often what leads people to make fatal accident at work claims, both to redress the financial imbalance a loved one’s death caused and ensure that another family doesn’t have to endure the same terrible situation as you.

Wrongful death compensation can be filed by a number of people after death at work. A family member, a dependent or the deceased person’s estate can launch a claim for compensation after an accident causing fatality at work. These cases can be difficult to go through, especially if you have only recently lost someone. However, making a claim can not only help you face the future with fewer financial problems but also with the knowledge that steps are being taken to prevent the same thing from happening to someone else.

Please continue reading our guide to see how a Claims Management Company, such as Legal Helpline, can help you.

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A guide to fatal accidents at work

When dealing with the death of someone close to you, especially after an unforeseen accident at work, it can be hard to see a future without them. You may require counselling and your financial situation may change because of their passing. This can be hard to come to terms with.

One of the most difficult things to face after an accident at work causing death, however, is the feeling that your loved one’s death could have been avoided. If your loved one’s employer has been negligent in their duty of care to your relative, you may also struggle with your feelings towards them.

This is why it is important to have someone to talk to that can advise you on the best course of action to take. Here at Legal Helpline, we have dealt with many fatal accident at work compensation claims and our sympathetic, highly trained team can offer expert advice. Whatever your situation, we’re here to help.

This guide to making our guide to making fatal accident at work compensation claims takes you through the process of making a claim and gives advice on what you need to know.

Causes of fatal accidents at work

Every year, people are seriously injured or killed in the course of carrying out their work. According to a government report, 111 workers sustained fatal injuries between 2019 and 2020. In addition, deaths due to past work-related exposures (such as asbestos) resulted in 12,000 workers dying of lung disease. The rate of fatal injuries sustained in the workplace has shown a downward trend, which has flattened in recent years. This aligns with the stricter health and safety regulations required to be implemented in the workplace, helping to create safer working environments.

Whilst this is a lower number of fatal accidents in the workplace than in previous years, continuing a downward trend, these statistics do not matter in cases where a loved one has been affected, especially if the accident could have and should have been prevented. Fatal accidents at work are commonly the employer’s fault whereupon they have failed to provide either suitable training, a risk assessment, a safe place of work or the protective equipment needed to do the job safely. As it is the duty of an employer to ensure their workers’ safety while undertaking their duties, they are legally liable to pay compensation for the deaths of their employees if they fail to do so. For more information on fatal accident at work compensation claims, please contact Legal Helpline today.

What Should People Know About Fatal Accidents At Work Claims?

When making a fatal accidents compensation claim for a loved one’s death at work, there are a few aspects you should consider.

Per the Law Reform Miscellaneous Provisions Act 1934, only the deceased’s estate can bring forward a claim on behalf of the deceased for their pain and suffering. The Fatal Accident Act 1976 allows certain qualifying relatives, known as dependents, to make a claim for the impact the death has had on them. We will discuss later in this guide who can qualify as a dependent.

However, it is important to remember that for the first 6 months after the deceased’s death, only their estate can make a claim. This includes a claim for the deceased’s pain and suffering and for the dependent’s grief. If, after 6 months, a claim has not been made, then the dependents can make a claim for how the death has affected them.

Contact our advisors today to see whether a claim could be made for compensation for the death of a family member in a fatal accident at work.

Death At Work – Evidence That Can Assist With Your Claim

As part of your claim, you will be required to provide evidence that shows that a breach of duty of care played a part in the death of your loved one.

As we have said, a breach of duty of care at work can mean that an employer was not taking reasonably practicable steps to provide a safe working environment. If you can prove that this negligence was responsible for the death, then you could be eligible to claim compensation for the death of your family member.

Evidence can come in many forms, such as:

  • CCTV, or similar footage, of the accident or the hazard that led to the accident
  • The contact details of colleagues or witnesses to the accident, or to the hazard that caused the accident
  • Emails, texts or other documents that show that safety concerns were raised to the employer
  • Work documents, or similar materials, that could show health and safety requirements were not being followed

You can also collect evidence and records of the financial losses you will be claiming compensation for. Whether in the form of receipts, bills or bank statements.

A solicitor can help you with collecting or requesting evidence. If you would like to learn more about how to claim for negligence that led to a death at work, or to speak to someone about the type of evidence you could collect for your claim, then please reach out to an adviser or member of our team.

Am I legally allowed to claim?

According to the law, if you were dependent on your loved one financially, then you may be able to make a claim for fatal accident at work compensation. The following groups of people are often included in this type of claim:

  • A sister, brother, aunt or uncle who has cause to depend financially on their loved one
  • Someone who cohabited with their loved one (if they have lived together for over 2 years previous to the accident)
  • A dependent, or child – This does not have to be a blood relative if they were treated as a child resulting from a marriage
  • A former civil partner, or current civil partner
  • A former spouse or spouse
  • An ascendant or parent (as long as they were financially dependent on their loved one)

If you are not sure whether you would be classed as being legally able to lodge a fatal accident at work case for your loved one, then do not hesitate to contact our expert team, who will investigate the matter for you.

I was financially dependent on the deceased

If you were financially dependent on your loved one, then their passing may have caused you to worry about your future financial situation. If it can be proved that your loved one’s employer was liable for their accident, then you may be able to lodge a fatal accident at work compensation claim to cover the following:

  • Financial support
  • Rights to a pension or the pension itself
  • Childcare/child-related expenses
  • Household tasks that the loved one would have taken care of such as DIY and gardening

If you are not quite sure whether some of your financial needs will be compensated within the remit of fatal accident at work compensation claims, then we will be able to advise you on this. Simply call us to check and we will talk you through what you may be able to claim for.

What can a dependent claim in fatal accident compensation?

When a person passes away, their dependents not only lose a loved one, whether a spouse or parent, but they also lose the wage that a loved one brought into the home to help take care of them. This does not just have an effect on one dependent. If, for example, a wage that supported a wife/spouse/partner and also one or more children, then the effects would be felt by a number of people.

The calculation of the dependency claim for a fatal accident at work case is usually divided up in a specific way. If, however, there is a specific pattern to how the income was divided up before a loved one passed away, the pattern would be taken into account. The calculation looks firstly at how much income is likely to be lost over what would have been the natural course of a person’s life. This takes into account pensions, also considering the probable promotions and pay increases that would likely have happened should a loved one have continued to work in the role they did before their passing.

This sum is then divided up between the dependents of the person who has passed away.

Fatal Accident Compensation – How Long You Have To Claim

As we have stated throughout this guide, claims can be made for fatal accidents, and compensation can be awarded for the deceased’s pain and suffering as well as to their dependents for how the death has impacted them. Regardless of whether your loved one died in a road traffic accident, or in an accident at work, a compensation claim could still be made.

However, you only have a certain amount of time to claim compensation for the death of a family member. These time limits generally are:

  • Within 3 years from the date of death.
  • 3 years from the date of knowledge. This could be the date of an inquest or post-mortem.

Do not hesitate to contact one of our advisors today if you have any questions about claiming fatal accident compensation. Our friendly team is available 24/7 and could answer any of the questions you may have about making a fatal accident claim.

Making A Fatal Accident Claim – Example Compensation Payouts

If you are eligible to make a fatal accident claim, then you may have questions about just how much compensation could be awarded. Fatal injury claims are treated on a case-by-case basis and there are no specific average or standard figures when it comes to the payouts. However, the Judicial College Guidelines (JCG) can provide some insight into potential compensation payouts for different injuries including fatal ones.

In the table included below are details of compensation brackets for different fatal injuries based on the 2022 edition of the JCG.

Type Of Fatal InjuriesNotesCompensation Bracket
Fatal Accident Plus Add On ClaimsThis could include compensation for the pain and suffering of the deceased as well as any losses affecting the dependents.Up to and over £550,000
Brain Damage - Very SevereThe person will be able to follow some simple commands, but there will need full-time care and certain factors such as extent of physical limitations will affect how much is awarded.£282,010 to £403,990
Tetraplegia/QuadriplegiaThe higher end of this bracket is applicable where the person experiences physical pain and there was a serious effect on the person senses and communication skills.£324,600 to £403,990
ParaplegiaFactors such as the extent of pain, degree of independence and depression will determine how much compensation is awarded.£219,070 to £284,260
Psychological Damage - SevereThe person will have had serious problems with personal relationships and various aspects of social and working life. The prognosis will have also been poor.£54,830 to £115,730
Anxiety Disorder - SevereThe person will suffer from permanent effects that will affect all aspects of their life negatively.£59,860 to £100,670
Injuries Resulting in Death - Full AwarenessThis bracket applies to cases where the person suffered severe burns and lung damage which proved fatal. The person will have had full awareness for at least a short period during the final couple of weeks/months leading up to their death.£12,540 to £23,810

For assistance on getting a fatal accident compensation estimate that closely reflects your case, you can contact our advisors here at Legal Helpline.

No Win No Fee Fatal Accident Claims

When a loved one passes away, it often plunges households into a financial situation that can be difficult to deal with. While in these circumstances, you may think that making a claim for compensation would be the last thing you would be able to afford. However, this is not the case when pursuing a claim for a fatal accident at work that is part of a no win no fee case. No win no fee lawyers do not require you to pay legal bills before launching a claim. Nor do they require you to fund legal costs should your case not successfully conclude with a compensation award.

This means that families, spouses or other dependents do not need to wait to take action to protect their financial future after a loved one has been subject to a fatal accident in the workplace. While we understand that no amount of money will truly compensate for the loss of a loved one, we do know that securing the future finances without your loved one will allow you to carry on life with the financial security that your loved one would have carried on providing you with should they not have passed away.

If you would like more information about what no win no fee entails, or want us to explain any aspect of the no win no fee agreement, we will be happy to explain. We prefer any clients we assist are well-informed of their rights and responsibilities when it comes to the no win no fee cases we deal with, and we will explain everything in plain English so you know exactly what to expect from us.

Why choose Legal Helpline?

With years of experience dealing with fatal accident at work claims similar to yours, we know how traumatic the experience of losing a loved one due to the fault of someone else can be. Our highly-trained, sympathetic staff will listen to what you have to say with the utmost respect for your situation and we will do our best to take any stress off your shoulders. We know you have been through an awful experience, and in some ways are still going through this, and we take care to put your feelings first at every step of the claims process. We also know that you will want to know more about what happens during the fatal accident at work claims process, who will be expected to provide evidence to support the claim, and how long these claims may take to conclude. Whilst the answers to these questions differ depending on the specific details of your loved one’s accident, we will make sure we provide the answers you need, explaining any legal jargon in plain English so that you fully understand the answer.

Fatal accidents at work are not common, and finding the right experts to handle your claim is not something that should be taken lightly. We would, however, be happy to speak to you to reassure you that we will be able to handle your fatal accident at work case with all the respect and attention it deserves.

Fatal Accident at Work Compensation Claims FAQ

Here, we’ve answered some commonly asked questions about fatal accident at work compensation claims.

How is death compensation calculated?

Each claim is valued according to the extent of the victim’s suffering caused by the incident in question. For example, in cases where the victim suffered a long and painful death, a higher bracket of compensation will likely be awarded.

What is the average payout for workers compensation?

As each claim is different, there is no such thing as an average payout for workers’ compensation. If you’d like a free estimate for your case, please contact Legal Helpline today.

Call us for free advice and to start a fatal accident at work compensation claim

Whether you are looking for advice, are not sure whether you have cause to claim, or would like to start a fatal accident at work case after the passing away of a loved one who you were dependent on financially, we are only a phone call away.

By calling 0161 696 9685, you will be connected to one of our legal experts that can talk you through any aspect of the fatal accident at work claims process you would like to know more about.

We have dealt with difficult conversations such as this many times before and will be there to support and guide you every step of the way. We will never put pressure on you to begin a claim should you not be ready to. Instead, we will answer any questions you might have honestly, and we will listen to your story carefully to make sure we guide you in the right way.

If you are ready to begin a claim, we will be able to help here too. We aim to take the stress of making a claim off your shoulders, making the whole process easier to deal with, especially at such a difficult time for you and your family. Please do not hesitate to call us at any time to discuss your possible fatal accident at work compensation claim – we are ready to take your call.

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