Who To Notify If A Fatal Accident Occurs At Work?

This guide has been created to provide clarity on what to do if a fatal accident occurs at work. A fatal accident is one in which someone loses their life. 

Fatal Accident Occurs At Work

A Guide On What To Do If A Fatal Accident Occurs At Work

In our guide, we will look at the different ways someone could pass away at work, and how you could make a claim if a loved one has died because of the negligence of their employer. We will also discuss the different payments that could be included in a successful claim. 

If any of this sounds interesting to you, then you can get in contact with our advisors. They are ready to talk to you 24/7 and offer free guidance and advice on your claims. If they believe that your claim is going to be successful, they can connect you with our panel of fatal accident lawyers. 

Get in touch with us today: 

Select A Section

  1. What Are Fatal Workplace Accidents?
  2. Who Should You Notify After A Fatal Accident At Work?
  3. Who Is Eligible To Claim Compensation For Deaths In The Workplace?
  4. Calculating Damages If A Fatal Accident Occurs At Work
  5. Talk To Us About Fatal Workplace Accident Claims

What Are Fatal Workplace Accidents?

Fatal workplace accidents are the most serious form of accident that could occur. In this kind of accident, someone has passed away because of their injuries. 

You cannot claim for any fatal accident that happens at work. In order for a claim to be valid, the accident that led to the injuries must have been caused by the negligence of the employer. For example, your relative may have sustained a fatal head injury because of poor health and safety procedures.

This is because all employers owe their workers a duty of care according to the Health and Safety at Work etc. Act 1974. This states that they need to take all reasonable steps to ensure the safety of those who work for them. If they fail to do this, and a fatal accident happens as a result, then you could be entitled to make a claim.

If you require any further information or need any questions answered. Contact us today. We have helpful advisors that can assist you in gaining the information that you need to progress your claim. 

What Is The Most Common Fatal Accident In The Workplace?

The most common type of fatal accident that occurred in workplaces in 2020/21, as shown by statistics from the Health and Safety Executive (HSE), were falls from a height. 

The statistics that the HSE collect come from those reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). It shows that there were 35 instances of fatal flaws from a height in 2020/21, making it the most common fatal accident kind, followed by being struck by a moving vehicle at 25 instances.

Who Should You Notify After A Fatal Accident At Work?

If a fatal accident occurs at work then it needs to be reported. Initially, someone should fill out a workplace accident form in the accident book. All workplaces should have one of these accident books on-site provided that they employ 10 or more people.

In some cases, for example, where it’s suspected that negligent homicide caused the death to happen, the police might need to investigate.

Furthermore, a report will need to be made under RIDDOR. This is because death is a reportable incident. However, it’s important to note that only a responsible person or your employer can make a report like this.

For more information on reporting a fatal accident at work, speak with an advisor today.

Who is Eligible To Claim Compensation For Deaths In The Workplace?

According to the Law Reform (Miscellaneous Provisions) Act 1934, for the first six months after someone has passed away because of negligence, a claim can only be made by their estate. If a claim has not been made by the estate within this time frame, a claim can be made by a dependant according to the Fatal Accidents Act 1976.

The following relatives can be classed as dependants:

  • A husband, wife or civil partner of the deceased (including former spouses or civil partners)
  • Anyone who had been living with the deceased as spouses or civil partners immediately before their death, and had been for 2 years previously
  • A parent or ascendant of the deceased, or anyone who the deceased treated as a parent
  • A child or other descendant of the deceased
  • Anyone who wasn’t a child to the deceased but was considered so at one time through marriage or civil partnership
  • Anyone who is, or is the child of, a brother, sister, uncle or aunt of the deceased

Some categories of relatives can also be eligible to receive a bereavement award. This is a lump-sum payment of £15,120 that is awarded to compensate for the bereavement that they experienced.

If there is any more information you require, don’t hesitate to contact us today. Our advisors are available to answer any questions 24 hours a day, 7 days a week. 

Calculating Damages If A Fatal Accident Occurs At Work 

The Judicial College produces compensation brackets that legal professionals can use to value a claim. These are guidelines and vary on a case by case basis. 

The figures we’ve used in the table below are taken from the 16th edition of the Judicial College Guidelines that was produced in 2022: 

Types of Fatal Accident at WorkCompensation BracketDescription
Death including add on claimsUp to £550,000 and overFor example, compensation for the deceased's pain and suffering as well as any dependency awards.
Paraplegia£219,070 to
£284,260
The award given will be reliant on certain considerations, such as life expectancy, level of pain and how much awareness they have.
Tetraplegia £324,600 to
£403,990
The award given will be reliant on certain considerations, such as life expectancy, level of pain and how much awareness they have.
Brain Damage £282,010 to £403,990Very severe brain damage that means the injured person cannot interact with their environment in a meaningful way.
Psychological harm £54,830 to £115,730The severe effects of this kind of injury will affect relationships and impact on their ability to cope with life.

There are different types of damages that you could receive. These are called general damages and special damages. 

General damages: These relate to the pain and suffering that the deceased experienced before they passed away. This can also encompass mental injuries such as post-traumatic stress disorder

Special damages: This head of the claim compensates for the financial losses that the injury has resulted in.  

You could receive funeral expenses as part of a fatal accident at work claim. Furthermore, you might be eligible to receive a dependency award. This can cover loss of financial dependency (for example, if you were a child of the deceased who would have been supported by them financially) or loss of services dependency where the deceased would have provided services to the dependant if they remained alive (for example, DIY or school runs).

Talk To Us About Fatal Workplace Accident Claims 

A No Win No Fee agreement is an agreement between you and the solicitor, which sets out the conditions that they need to meet before asking you to pay them. It aims to remove the financial barriers that can stop people from seeking out the services of a lawyer when making a claim. 

A Conditional Fee Agreement (CFA) is a type of No Win No Fee arrangement that is based on the outcome of your claim. If your claim is successful, then you’d pay a success fee which is a percentage of your compensation. It is capped by law, meaning your solicitor cannot overcharge you. 

However, if your claim isn’t a success, then you wouldn’t have to pay any success fee to your solicitor. 

If any of the information that we have presented in this guide has been helpful to you, then you can get in contact with us today. We have professional advisors ready and available to help guide you through the claims process. 

Here are the ways that you can get in touch:

Relate Fatal Accident Claims 

We have gathered some resources that we believe would be helpful in providing additional information. 

Below are some external links that could be helpful to expand your knowledge. 

If you require any further information or need some questions answered about if a fatal accident occurs at work, get in touch with us today.

Written by EW

Edited by FS