The sudden death of a loved one can be a devastating shock for the family and friends. It could be even worse if you discover that the fatal accident was the result of workplace negligence. This guide aims to explain the death at work compensation process to help those affected seek some financial restitution for what happened. Money can never replace a loved one. But it could help face the future with more confidence.
Below, we will explore what claims like this entail and who could qualify to seek compensation in a fatal accident claim. We look at some statistics of workplace deaths and detail compensation, what it can cover and how it is calculated. You’ll need evidence of employer negligence to start a claim, so we detail what can be used.
The final section explores how our solicitors could help. If eligible, they can accept fatal accident claims using a type of No Win No Fee agreement. This means you can access outstanding legal representation without the concern of legal fees and expenses holding you back. Read on to learn more about making a death at work compensation claim. Or you can:
- Call 0800 073 8801
- Use our live chat.
- Contact us online.
Frequently Asked Questions
- What Are Death At Work Compensation Claims?
- Can I Claim If My Loved One Passed Away At Work?
- How Common Are Fatal Workplace Accidents?
- How Much Death At Work Compensation Can Be Claimed?
- What Other Compensation Could Be Paid Out?
- How Can I Prove My Loved One Died Due To Negligence?
- Do I Have To Claim Within A Set Time Period?
- Will I Have To Go To Court If I Claim?
- No Win No Fee Death At Work Solicitors
- Learn More
What Are Death At Work Compensation Claims?
All employees are owed a duty of care at work as per a law called the Health and Safety at Work etc Act 1974 (HASAWA). It requires employers to take reasonable and proportionate steps to make sure that employees are protected from experiencing harm as they work.
There are many ways employers can reduce or remove risk in their workplaces, and the Health and Safety Executive (HSE), Britain’s regulator for workplace safety, provides detailed guidance to help them achieve this. Failure to protect safety in a way that causes a fatality at work is called wrongful death.
Therefore, to launch a death at work compensation claim, it is necessary to show the following:
- A duty of care applied to the deceased.
- The employer breached this duty.
- This directly resulted in the wrongful death.
With all three points in place, an eligible claim can be started. We detail what relatives qualify to seek compensation below, as well as looking at some typical scenarios of workplace fatalities caused by negligence. However, if you would like to discuss your claim now, please feel free to connect with our dedicated advisory team using the contact options above.
Slips, Trips Or Falls
Employers are required to risk assess their workplace and remove any obvious hazards to safety. A failure to do so could result in an employee tripping, slipping or falling and suffering either immediate fatality or injuries bad enough to cause death at a later date.
Example – A high-rise platform on a construction site was left without barriers to close it off. A worker fell from the platform and suffered brain, spinal and paralysis injuries from which they ultimately died.
Electric Shocks
The proper use of electricity in the workplace is subject to strict regulation, as an electric shock can cause instant death. Employers need to indicate any risk of electric shock clearly.
Example – The access to the main electrical system in an office was left unsecured, and warning signs were not displayed. A worker mistook the area for a cupboard and touched a circuit board by accident. The shock was sufficient to induce cardiac arrest and death.
Becoming Trapped Or Crushing Accidents
In addition to risk assessments for the building and the tools used, employers also need to make sure that workplace practices are as safe as possible.
Example – An employer allowed disorganized procedures in a recycling plant and didn’t train or supervise staff adequately. Because of this, a worker stood in the wrong place and was crushed by a pallet wrapping machine.
Struck By A Falling Or Moving Object
All workplace activities vary, but close attention should always be paid to health and safety standards in places where machinery or vehicles are moving.
Example – An employee collided with a forklift truck that was being used by a worker who was unqualified for the task and suffered serious organ damage. Although it was not the employer themselves who negligently operated the vehicle, they are still responsible for the actions of their staff. This is called ‘vicarious liability’
Accidents Caused By Faulty Equipment Or Machinery
Tools and equipment must be regularly tested for safety and suitability. This is a key responsibility for employers.
Example – The power tools in a processing plant were not checked regularly for safety. An employee used a tool with a faulty attachment that flew off and hit them in the head, causing immediate death.
Exposure To Hazardous Materials Or Substances
Hazardous substances and chemicals are subject to additional duty of care laws, namely the Control of Substances Hazardous to Health Regulations 2002. Employers must take the storage, transportation, use and identification of these substances very seriously, given the potential risk they pose.
Example – An employer inhaled poisonous fumes from a leaking chemical in a fertilizer plant. This caused severe lung damage, and they lost their life several days later.
Your loved one may have suffered some other form of fatal accident caused by negligence. Whatever the precise circumstances of the incident, speak to our team about death at work compensation claims.
Can I Claim If My Loved One Passed Away At Work?
As per the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), for the first six months after the death, only the deceased’s estate can make a claim. This would be for the deceased’s pain, suffering and financial losses prior to their dying. The estate can also claim on behalf of the dependents, which we discuss below.
If a claim has not been submitted by the deceased’s estate within the first 6 months, under the terms of the Fatal Accidents Act 1976 (FAA), relatives who qualify can put forward a claim based on how the death has affected them. These qualifying relatives, known as ‘dependents’, are:
- The current or former wife, husband or civil partner.
- A person who lived with the deceased for at least two years prior to their death, and who cohabited as spouses at the time.
- A parent or other ascendant of the deceased
- Anyone regarded as a parent (e.g. a step-parent).
- The child or other descendant of the deceased.
- Anyone who was regarded as their child because of marriage or civil partnership. This would include step-children from a previous marriage or civil partnership if still regarded as such.
- The brother, sister, uncle or aunt of the deceased or any of their children.
Our team are happy to discuss qualifying relatives or any aspect of death at work compensation claims.
How Common Are Fatal Workplace Accidents?
Statistics provided by the HSE detail the workplace fatalities that occurred in Great Britain during 2023/24 by type of accident:
- Falls from a height – 50
- Struck by a moving vehicle – 25
- Struck by a moving object – 20
- Collapses and overturning issues – 15
- Moving machinery contact – 8
The industries that saw the highest volume of fatalities were:
- Construction – 51
- Forestry, fishing and agriculture – 23
- Manufacturing – 16
- Admin and support services – 12
- Transportation and storage – 11
- Wholesale, retail, accommodation, motor repair and food – 9
- Waste and recycling – 4
- Other – 12
How Much Death At Work Compensation Can Be Claimed?
As mentioned, the deceased’s estate can seek fatal accident compensation based on how the deceased suffered physically, mentally and financially before dying. This is awarded under general damages and covers:
- The pain they experienced.
- Loss of amenity (or pleasure in life).
- The duration of their suffering.
Financial compensation is made under special damages. This can cover:
- The expense of any private medical treatments.
- Care costs for domestic support.
- Past and future loss of earnings based on being unable to work after the accident.
When general damages are being calculated in a fatal accident claim, the guideline brackets shown in the Judicial College Guidelines (JCG) are consulted. In this document, various severities of harm (including fatalities) are given a bracket guideline.
It’s important to stress that these are purely guidelines, as every claim has unique factors and no average amount applies. Also, the first entry in our example table is not from the JCG:
Compensation Guideline Brackets
| Injury | 17th JCG Figures (aside from top entry) | Notes |
|---|---|---|
| Fatality Plus Add-On Claims | Up to £550,000 and over. | Compensation for the pain and suffering the deceased suffered, as well as financial losses and any dependency payments. |
| Paralysis - (a) Tetraplegia | £396,140 to £493,000 | The higher end of this bracket applies when the person experiences physical pain and the senses and ability to communicate have been impacted. |
| Paralysis - (b) Paraplegia | £267,340 up to £346,890 | Cases where paralysis symptoms are increasing. |
| Brain Damage - Very Severe | £344,150 to £493,000 | Cases where there is no meaningful response to the environment and the person is reliant on full-time nursing care. |
| Injuries Resulting in Death - Full Awareness | £15,300 to £29,060 | Cases where full awareness exists for a for a short period before the person falls into unconsciousness and death within a few weeks to 3 months. |
What Other Compensation Could Be Paid Out?
In addition to general and special damages, an amount can be awarded for the following:
- Funeral costs.
- The loss of services provided by the deceased around the home or with childcare.
- The ‘loss of dependency’ which refers to the financial support the deceased provided.
- An amount for the loss of a special person, which is referred to as ‘loss of consortium’.
- In addition to this, under the Fatal Accidents Act 1976, some relatives may qualify for a bereavement award, which is a lump sum of £15,120. If awarded, this sum is divided between all applicants if they are current partners, anyone who lived with the deceased for two years, or parents of the deceased (if they were an unmarried minor born out of marriage).
If you have questions about general and special damages, additional compensation, qualifying relatives or any aspect of a death at work compensation claim, our advisory team are happy to help.
How Can I Prove My Loved One Died Due To Negligence?
Evidence plays an essential role in death at work compensation claims. You need to assemble as much proof as possible that your loved one lost their life because of negligent health and safety failings on the part of the employer. Some useful evidence could be as follows:
- Medical records detailing the circumstances of the injury and fatality.
- A copy of the coroner’s report.
- The contact details for anyone who saw the workplace fatality. A solicitor (if you choose to appoint one) will approach these people for a statement at a later date.
- Workplace CCTV footage of the incident.
- A copy of the report made by emergency services who attended (if the fatality was immediate).
Our team can offer guidance on evidence if you’d like to get in touch. They could connect you with a solicitor to support you through the whole process.
Do I Have To Claim Within A Set Time Period?
The Limitation Act 1980 sets out a standard time limit of three years for personal injury claims for compensation. These time limits can be paused for minors or frozen for those lacking mental capacity. When the injury involves a fatality, the time period for relatives to claim can start from either the date of the accident itself or the date that the fatality occurred some time after the root cause of the accident.
Will I Have To Go To Court If I Claim?
Often, claims do not need to go all the way to court. If the employer admits liability for the death, an agreement can be reached without going to trial. However, it is important to be prepared for the fact that it might. Some factors can have a bearing on this, for example:
- If the courts need to see evidence.
- Whether the employer disputes their liability.
- If a suitable compensation amount cannot be agreed upon.
If these issues arise, it can be an enormous benefit to have a skilled fatal accidents solicitor at your side. Why not take a moment to see if our fatal accident solicitors could help you with your death at work compensation claim? Speak to our team for no-obligation guidance.
No Win No Fee Death At Work Solicitors
If you have concerns about the cost of appointing a lawyer to help you make a claim for workplace fatality, our solicitors offer a potential solution. By providing a type of No Win No Fee contract called a Conditional Fee Agreement (CFA), it is possible to launch an action with the following advantages:
- No requirement to pay any initial solicitors’ fees.
- No ongoing solicitors’ fees required.
- Nothing in the way of fees applies if the claim is unsuccessful.
- A nominal percentage amount is deducted from the compensation if the death at work compensation claim is successful.
- This ‘success fee’ is paid to your legal team, and you can agree on the amount before work starts.
- In addition to this, a legal restriction on the percentage amount ensures that the bulk of the award goes to the claimant.
Interested? Why not discover whether our solicitors could handle your death at work compensation claim this way? It could relieve the stress of managing a legal action at this difficult time.
Contact Us
You can discuss your death at work compensation claim right now. Simply:
- Call 0800 073 8801
- Use our live chat.
- Contact us online about fatal accident compensation claims.
Learn More
In addition to this guide about death at work compensation claims, you might find these other resources of use:
- This guide looks at wrongful death compensation claims.
- Here we look at who can bring a fatal accident claim.
- Also, a guide to making a bereavement award damages claim.
External information
- This resource is from the GOV.UK explains what to do when someone dies.
- Here you can read about Cruse, the charity for bereavement.
- Read about the work-related death protocol from HSE.
In conclusion, thank you for your interest in this guide about death at work compensation claims. If the team can help with any questions or concerns, please feel free to get in touch on the contact options above to see how much compensation applies.
