Claiming Compensation For A Fatal Accident At Work

By Lewis Hendrix. Last Updated 12th September 2023. Hello and welcome to our guide, where we will be discussing fatal accident at work claims. Throughout the course of this guide, we are going to discuss fatal accident at work compensation claims, provide free legal advice, and discuss how our team could assist you with a fatal injury claim.

If someone you love has been involved in a fatal accident at work, you will, no doubt, be feeling incredibly emotional and upset about it all.

A person falling from a height at work resulting in a fatal accident

There have been some horrific workplace accidents over the years in the UK, leaving families without loved ones and some that are financially dependent on their loved one out of pocket.

If you find yourself in this scenario, you will be able to launch a personal injury claim. This is something we can help you to do at Accident Claims UK.

Our specialist solicitors have many years of experience in fatal accident claims and an exceptional track record for getting people the maximum compensation they deserve.

You can reach us on 0800 073 8801. But before you do, make sure you read our fatal accident claims guide below to discover everything you need to know about fatal accident at work compensation and claiming on a No Win No Fee basis.

Select a Section

  1. What is a dependency claim?
  2. Who can make a claim if a loved one has died in an accident at work?
  3. Evidence for a fatal work accident claim
  4. Time limits on fatal accident at work claims
  5. What damages can I claim for when making a claim?
  6. Fatal Accident At Work Compensation – Example Payouts
  7. No Win No Fee fatal accident at work claims
  8. Useful links Relating To Fatal Accident At Work Claims

What is a dependency claim?

Dependency personal injury claims are launched for individuals who depended on the deceased financially. If your loved one was the breadwinner in the family, you could launch a dependency claim for financial support. These claims are usually launched by the next of kin, for instance, the husband or wife of the person that has passed away and/or their children. It is important to note that civil partnerships are recognised.

There is typically a specific calculation that is used to work out the fatal accident at work compensation you receive. The only exceptions relate to incidents whereby the deceased supported his/her dependents in an unusual way or particular pattern before their death. If this is not the case, what the person who has passed away would have accumulated for the rest of his or her life, including any pension provisions and future promotions, is considered. They will then look at how this money would have been spent on the dependents to figure out a fair compensation amount.

Who can make a claim if a loved one has died in an accident at work?

Those who want to make fatal accident claims personal injury must fall into one of the following categories:

  • A dependent of the deceased
  • A non-dependent family member of the deceased
  • The estate of the deceased

If you are unsure whether or not you qualify for fatal accident at work compensation based on your position, please do not hesitate to give us a call for more information, and we will be happy to explain further.

Evidence for a fatal work accident claim

To get bereavement compensation, you will need to build a strong case. Read on to discover what evidence will work well when claiming fatal accident at work compensation:

Medical report– There is only one place to begin, and this is with the medical report. The doctor will make a record of your loved one’s injuries and what caused their death. This is vital when making a claim, as it will be used to determine how much money you will get.

Witness statements– It is always a good idea to get the contact details of anyone that witnessed the fatal accident at work. If they provide you with a statement this will really help to strengthen your case.

Photographs– If you have any photographs of your loved one’s injuries and/or the damage at the scene, keep a hold of these. Fatal work accidents pictures and industrial accidents videos can help strengthen your case.

Proof of dependency – You will need to show that you depended on the person that has passed away financially.

Proof of expenses– Last but not least, you will have the possibility to secure damages for any costs you have had to pay during the process, such as loss of income and counselling costs. However, you will need proof of this.

Time limits on fatal accident at work claims

If someone you love has suffered a fatal accident at work, likely, you will already have enough on your mind without having to worry about making a compensation claim. You will be grieving, and a claim can seem like too much to handle. This is understandable. Nevertheless, it would help if you didn’t wait too long to get in touch with one of the best accident lawyers, and here are the reasons why…

Firstly, there is a three-year time limit on all personal injury cases. This is something many people are not aware of, and, unfortunately, they learn the hard way. The three years starts from the date of the accident, and court proceedings must be issued within the time frame. Therefore, if you’re loved one was involved in a workplace accident on 17th July 2016, you will have until 17th July 2019 to make your claim. There are some exceptions to this rule, and this relates to instances where there is no accident date, i.e. the injuries have occurred over time, such as industrial disease. In these instances, you will have three years from the date the person passed away instead.

Aside from the personal injury claims time limit, another reason why you should consider making your claim sooner rather than later is because you will find it much easier to make a strong case. The details are going to be fresh in your mind. Moreover, your solicitor will find it a lot easier to gather crucial evidence, such as witness statements. After a couple of years, the contact details for the witnesses may not be the same, or the witness may not remember the incident very well. Hence the need to file fatal accident at work claims within three years.

What damages can I claim for when making a fatal accident at work claim?

When claiming for a fatal accident at work, there are several different damages you will be able to secure compensation for. This includes all of the following:

  • Funeral costs – This includes all of the expenses that are directly related to organising the funeral for the person that has passed away, for example, the cost of the funeral ceremony, the gravestone, and the coffin.
  • Medical costs – This includes any costs that your loved one encountered medically before passing away, especially private healthcare.
  • Special damages – This includes any costs that you have sustained because of what has happened, for example, loss of future income and loss of any property because of the incident.
  • General damages – This includes emotional suffering and any psychological trauma you have experienced due to losing a loved one. General damages are hard to measure.

Fatal Accident At Work Compensation – Example Payouts

When calculating fatal accident at work compensation, we can use the April 2022 update of the Judicial College Guidelines (JCG). The JCG includes compensation brackets for various injuries, including physical and psychological injuries. Legal professionals, such as fatal accident solicitors, use the JCG to value general damages in personal injury claims.

Although the figures featured do not represent the final amount you could be awarded, they give you an idea of what previous claimants have been awarded after losing loved ones following a death at work. The compensation you receive is influenced by the pain and suffering endured by your loved one and whether they faced any mental anguish.

Edit
Injury sustained Extra notes about the accident Typical payout awarded
Injuries resulting in death Full Awareness (A) £12,540 to £23,810
Injuries resulting in death Followed by Unconsciousness (B) £10,510 to £10,670
Injuries resulting in death Immediate Unconsciousness/Death after Six Weeks (C) £3,760 to £4,390
Injuries resulting in death Immediate Unconsciousness/Death within One Week (D) £1,370 to £2,790
Injuries resulting in death Mental Anguish. Fear of impending death. (E) £4,670

Remember to only use the table above as a guide. The final compensation amount you might receive could also include any special damages resulting from your loved one’s death. Furthermore, the figures above only apply to claimants in England and Wales.

If you would like to find out more about fatal accident compensation amount in the UK, please don’t hesitate to get in touch for free, no-obligation advice.

No Win No Fee fatal accident at work claims

If you are eligible to claim compensation for fatal injuries, the claim process might be new to you. It might be a good idea to get assistance from someone who has navigated the process many times and can help you get the compensation you deserve for the loss of your loved one.

One of our solicitors could assist you in making a fatal accident claim. They could also assist you in gathering evidence and presenting your claim to the liable party. They could also negotiate an appropriate compensation settlement for you.

Getting a fatal accident solicitor to help you with your claim doesn’t mean you have to pay for their work upfront. If one of our solicitors offers to take on your claim under a Conditional Fee Agreement (CFA), you typically would not have to pay them until your claim ends. This is often referred to as a No Win No Fee arrangement. 

If your claim is successful, your solicitor will take their payment as a legally capped success fee. This would be deducted from your payout. Should your claim fail, you would not typically have to pay them for their work. 

To learn whether you could make a No Win No Fee claim or to get started, please contact an advisor.

Useful links relating to fatal accident at work claims

We hope you have found this guide useful in your quest to gather more information about claiming a fatal incident at work. However, we recognise that you may need some more details. These links may be of use to you:

Thank you for taking the time to read our guide on fatal accident at work claims. We hope you have learned a lot about claiming fatal accident at work compensation.