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Losing a loved one in a workplace accident is devastating, with surviving relatives often facing an enduring emotional toll. As you try to navigate this difficult time, compensation may be a secondary concern and the farthest thing from your mind. However, fatal accident at work claims offer grieving families a means of easing the far-reaching financial impact of a loved one’s sudden loss. If you’d like to find out about the process of seeking compensation and what it may cover, please continue reading.
Key Points
- Employers have a responsibility to ensure the safety, health, and well-being of their workforce.
- Statistics from the Health and Safety Executive (HSE) show that there were 124 fatal work-related accidents in 2024/25.
- The same statistics show that the construction industry experienced the highest number of fatalities, with 35 deaths.
- Qualifying relatives may be able to make a fatal accident at work claim for how a loved one’s passing has impacted them.
- Our panel of solicitors have supported grieving families throughout the country on a No Win No Fee basis.
You can contact an advisor to discuss your wrongful death claim:
- Call 0333 000 0729.
- Talk to us via our live chat.
- Use our contact page to send the details of your case.
Jump To A Section
- Who Can Make Fatal Accident At Work Claims
- What Is The Average Compensation After A Fatal Workplace Accident?
- What Can Compensation Help With After A Fatal Accident At Work?
- Who Is Liable For A Workplace Fatality?
- How Long Is The Fatal Accident At Work Claims Time Limit?
- How To Prove A Fatal Workplace Accident Was A Result Of Negligence
- Fatal Accident At Work Claim Solicitors
- Learn More
Who Can Make Fatal Accident At Work Claims
Fatal accident at work claims can be brought by the deceased’s estate or qualifying dependants. However, it is important to break down who can make fatal accident at work claims, when, and under what legislation.
The Estate Of The Deceased
During the initial 6-month period following an individual’s death, only the estate of the deceased can make a fatal accident at work claim. The Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) outlines the basis for making a claim for the deceased’s pain and suffering, as well as their financial losses. Additionally, the estate has the option of claiming on behalf of the deceased’s dependants.
The Dependants Of The Deceased
Under the Fatal Accidents Act 1976, qualifying dependants of the deceased may seek compensation if the estate does not claim on their behalf during the initial 6-month period. These dependants may claim for the financial and emotional impact of their loved one’s passing, and can include:
- Current and former spouses
- Those living with the deceased as a spouse for 2 years prior to death
- Parents, or those treated as one, such as step-parents
- Children, or those treated as such, including step-children
- Aunts, uncles, and siblings
Please contact our advisors if you are at all unsure about who can make fatal workplace accident claims.
What Is The Average Compensation After A Fatal Workplace Accident?
As every case is assessed on its individual circumstances, an average compensation payout after a fatal workplace accident wouldn’t necessarily be relevant. For instance, where a claimant suffered quadriplegia before death, £396,140 to £493,000 may be awarded for their pain and suffering. This range is according to the Judicial College Guidelines (JCG), a text that provides suggestive compensation brackets for many injuries. Solicitors often use the document to inform their assessment of general damages, which is the part of a claim that compensates individuals for their injuries, including those that lead to death.
Those in the table below (apart from the top entry) are also taken from the JCG. Since they are only guidelines, none of the brackets should be seen as a guarantee of compensation.
| Injury | Severity | Notes | Damages |
|---|---|---|---|
| Fatal accident claims + add on | Fatal | Awards can include that for the deceased's pain and suffering as well as dependents financial losses and loss of dependency. | Up to £550,000 + |
| Injuries resulting in paralysis. | Quadriplegia/tetraplegia | Compensation takes account of the claimants awareness, degree of physical pain and life expectancy. | £396,140 to £493,000 |
| Injuries resulting in paralysis. | Paraplegia | The presence and extent of any pain, age, life expectancy and degree of independence are all taken into account. | £267,340 to £346,890 |
| Brain damage | Very severe | Claimants may have no meaningful response to their environment and have required full time care. | £344,150 to £493,000 |
| Psychiatric damage | Severe | Marked problems with the person's ability to cope with education, work and life in general. | £66,920 to £141,240 |
| Injuries resulting in death. | Death (with full awareness) | There may be fluctuating levels of consciousness for 4 - 5 weeks. | £15,300 to £29,060 |
Our advisory team is available to provide a free, sensitive case assessment to determine whether there are grounds to seek a compensation payout.
What Can Compensation Help With After A Fatal Accident At Work?
After a fatal accident at work, compensation can help provide financial relief to the bereaved, who may be navigating the impact of funeral expenses or the loss of their loved one’s income. Below, we look at some examples of what may be claimed.
Loss Of Dependency
In fatal accident at work claims, a loss of dependency considers the financial contributions that have been lost, ranging from lost wages and bonuses to pension contributions and benefits. These losses may account for both past and future income, and may also include savings.
Loss Of Services
Compensation for loss of services looks beyond the financial contributions of the deceased. Say a loved one was the main carer for their children, or had been primarily responsible for looking after the home or garden. In such a scenario, dependants would be able to seek compensation for the impact of this loss.
Loss Of Consortium
Also referred to as the loss of a special person, a loss of consortium takes into account considerations that cannot be quantified financially. While intangible benefits, such as a loss of love and affection, may not have a direct financial impact, compensation can acknowledge the real and long-term impact this can have on grieving relatives.
Funeral Expenses
The estate or dependants (but not both) may claim for reasonable funeral expenses. They will need to provide proof of these losses in order to claim for them.
Bereavement Award
The bereavement award is a fixed, statutory payment which may be paid to eligible dependants of the deceased. This award is set at £15,120 by Section 1A of the FAA and may be divided among the claimants.
Please reach out today for a more tailored discussion of compensation in fatal accident at work claims.
Who Is Liable For A Workplace Fatality?
An employer may be held liable for a workplace fatality if it can be shown that they were in breach of their duty of care towards the deceased. To make any type of workplace injury claim, such as for a fatal ladder accident, the following must be shown:
- An employer owed the deceased a duty of care. Employers owe this to all workers.
- An employer breached this duty. For instance, they may have provided no appropriate or necessary workplace training.
- The employee died as a result of unsafe practices, leaving them not knowing how to use dangerous machinery in a factory.
As part of their duty of care, employers must adhere to various pieces of legislation and safety regulations, including the Health and Safety at Work etc. Act 1974 (HASAWA). This legislation requires employers to take reasonable actions to protect the health, well-being, and safety of the workforce.
You can get further guidance on liability in claims for workplace fatalities by speaking with our advisory team.
How Long Is The Fatal Accident At Work Claims Time Limit?
The fatal accident at work claims time limit is usually 3 years, and often begins from the date of death. However, the limitation period can also start from the date that a coroner’s inquest or post-mortem is concluded, meaning there is no universal timeframe for when those 3 years will be counted. It should also be noted that the time limit is only for when a claim needs to be started, rather than when it has to end.
Our advisors understand how difficult this period may be, and can answer any questions you have in confidence. In the next section, we look at how to prove fatal accident at work claims.
How To Prove A Fatal Workplace Accident Was A Result Of Negligence
To prove a fatal workplace accident was the result of negligence, you need to show that the employer’s breach of duty caused your loved one’s death. If this link can clearly be shown, the employer may be held liable for their passing. You will need to collect evidence which helps to clearly show this, such as:
- Proof of any financial losses you intend to include in the claim. This could include invoices for funeral expenses, wage slips or other documentation.
- Witness contact details. A solicitor may take a statement from them in support of the claim at a later date.
- CCTV footage or photographs which show the scene or cause of the accident.
- The workplace accident report.
- Any police reports, if relevant.
The stronger the body of evidence you can submit with your claim, the greater the chance that it may be successful. Our panel of specialist solicitors have seen firsthand that gathering proof during this time can be challenging, which is why they are available to help obtain and present evidence for a claim. You can find out more by reaching out to our advisors, and please keep reading to learn more about the services offered by our specialist solicitors.
Fatal Accident At Work Claim Solicitors
Our panel of fatal accident at work claim solicitors have helped bereaved families seek compensation in cases nationwide. They offer their expert services on No Win No Fee terms, with the goal of easing the strain faced by grieving loved ones. This approach is set out by something called a Conditional Fee Agreement (CFA), which ensures you can have the peace of mind that you won’t be charged upfront or ongoing solicitor service fees, nor any if your claim is lost.
Instead, our panel of dedicated fatal accident solicitors only take a payment for their work if they secure compensation for their clients. This is paid via a success fee, which is taken as a capped percentage of the compensation. That means you can access a range of high-quality services without the worry of mounting solicitor fees, including:
- A fully tailored service focused on your individual needs.
- Clear, compassionate guidance on how the claims process works.
- Access to specialist services to support your mental health.
- An expert approach to securing the maximum compensation possible.
- Help with gathering and submitting relevant evidence.
Get In Touch With Our Advisors
Get in touch with our advisors by phone, online chat, or via our contact page:
- Call 0333 000 0729.
- Click below to talk to us online.
- Head to our contact page.
Learn More
You can learn more about accident at workplace claims here:
- Learn about agency worker accident claims.
- Find out about roofer injury claims.
- Read about claims for defective and faulty work equipment.
Some references:
- Find out when a death is reported to a coroner in this government resource.
- Learn more about investigations after work-related deaths in this resource from the Health and Safety Executive (HSE).
- This HSE resource discusses the work-related death protocol that should be followed.
If you would like to discuss this guide or want to learn more about fatal accident at work claims, our friendly advisors are here to listen and help.
