Fatal Accident At Work Compensation Payouts

By Jo Anderson. Last Updated 22nd June 2023. In this article, we will examine how much could be awarded in a fatal accident at work compensation payout. If employer negligence has caused your loved one to sustain a fatal injury, you could be eligible to bring forward a claim.

Whilst employees are at work; their employer owes them a duty of care to take reasonably practicable steps to keep them safe. This is outlined by the Health and Safety at Work etc. Act 1974 (HASAWA). Section 2 describes the duties an employer must adhere to to ensure the safety of their employees. For example, they must provide the correct standard of training, ensure maintenance is performed in the appropriate time frame and undertake risk assessments. Employers are responsible for ensuring their employees are not working in unsafe work areas.

fatal accident at work compensation

Fatal Accident At Work Compensation Claims Guide

Continue reading this guide to learn more about fatal workplace accident compensation. Additionally, speak to one of our advisors to see if you could be eligible to claim compensation for a fatal accident if a loved one has passed away due to employer negligence. They are available and can provide free confidential advice 24/7 and could assess your case. 

To get in touch: 

Select A Section 

  1. Who Is Eligible To Claim For A Fatal Accident At Work?
  2. Who Could You Make A Fatal Accident Claim Against?
  3. How To Claim Fatal Accident At Work Compensation?
  4. Fatal Accident At Work Compensation Payouts
  5. Start Your Claim Now

Who Is Eligible To Claim For A Fatal Accident At Work?

To be eligible to make a claim on behalf of a deceased loved one for compensation for a fatal accident at work, you will need to prove that your loved one suffered their fatal injury due to their employer breaching their duty of care.

All employers have a duty of care towards their employees as stated under the Health and Safety at Work etc. Act 1974. Per their duty of care, they must take reasonable steps to ensure the health and safety of their employees while they are at work. Should an employer breach their duty of care, this could result in a workplace accident where someone may suffer a fatal injury.

Under the Law Reform Miscellaneous Provisions Act 1934 (LRMPA), the deceased’s estate can bring forward a claim on behalf of the deceased for their pain and suffering. Furthermore, the deceased’s dependents can bring forward a claim for how the death has impacted them under the Fatal Accidents Act 1976 (FAA).

The FAA defines a dependent as:

  • The deceased’s wife, husband, or civil partner (current or former).
  • Those who were living in the same home as the deceased, and had been so for 2 years prior to their death, as spouses.
  • Parents or ascendents of the deceased person, or anyone treated as a parent, such as a step-parent.
  • Children or other descendants of the deceased, or someone treated as their child, such as a stepchild.
  • Sisters, brothers, aunts, uncles, nieces and nephews of the deceased.

It is important to note that for the first six months after the deceased’s death only their estate can bring forward a claim. This can be for the deceased’s pain and suffering and a claim on behalf of the dependants. If a claim has not been brought forward by the estate within 6 months, then the deceased’s dependents can bring forward their own claim for how the death has affected them.

You can contact our advisors today if you have any further questions regarding fatal accident at work claims.

Who Could You Make A Fatal Accident Claim Against?

To be eligible to make a workplace fatal accident claim on the basis of negligence, it is necessary to prove the following:

  • The deceased’s employer owed them a duty of care.
  • The employer breached this duty of care.
  • This breach caused a fatal injury.

Therefore, you would bring your claim against the deceased’s employer. 

Also, it is important to ensure that you are within the time limits to start your claim. Generally, you have three years from the date of the death or three years from the date of knowledge to begin a fatal accident claim. 

Therefore, you should not hesitate to contact a member of our team to discuss your claim today. They can provide information regarding a potentially fatal accident at work compensation payout.

How To Claim Fatal Accident At Work Compensation?

To make a fatal injury at work claim, you must prove that employer negligence was the cause of the deceased’s injuries. To do this, you could collect evidence, such as:

  • Medical records – detailing the deceased’s injuries and any medication they were administered. 
  • Accident at work report book – workplaces with 10 or more employees should have one of these to report accidents and near misses. 
  • A post-mortem report – is a report of the findings from a specialist’s examination of a body after death. A post-mortem aims to determine the cause of death. 

Furthermore, you may need to gather other evidence when claiming as a dependant. This could include:

  • Proof of your relationship to the deceased
  • Evidence of your dependence on the deceased
  • The deceased’s payslips 
  • Proof of funeral costs

Additionally, we recommend seeking legal advice to claim fatal accident at work compensation. Contact our team of advisors to learn more about the claims process.

Fatal Accident At Work Compensation Payouts

Payouts for a fatal accident could include compensation covering the pain and suffering of the deceased. The level of award will depend on different factors, such as the amount of pain they suffered from their injury and the amount of time that passed between sustaining the injury and their death.

Below is a table you can use as a guide. This table was created using the Judicial College Guidelines (JCG), updated in April 2022. Legal professionals, such as fatal injury solicitors, use this document to help them when valuing compensation payouts. 

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Type of Harm Description Figures
Fatality plus additional add-on claims This award could account for both the deceased’s pain and suffering and losses affecting dependants, such as past and future loss of earnings and service. Up to £550,000 or over
Tetraplegia (Quadriplegia) The person’s age, life expectancy, the extent of the pain they feel, and the awareness they have of their disability will all be considered when determining an award in this bracket. £324,600 to £403,990
Paraplegia The person’s life expectancy, the degree of independence the person will have, and the extent of pain they feel are all considered when calculating an award for this injury. £219,070 to £284,260
Injury Resulting from Brain Damage – (a) Very Severe Although the person may be able to follow basic commands, they will show minimal, if any meaningful response to their environment. Also, there will be minimal, if any language function and a need for full-time professional medical care. £282,010 to £403,990
Psychiatric Damage Generally – (a) Severe The injury will markedly affect the person’s relationships and other aspects of their life, and their prognosis will be very poor. £54,830 to £115,730

Furthermore, certain parties may be eligible to bring a claim for the bereavement award laid out by Section 1A of the FAA. This is a fixed figure of £15,120, compensating for the grief experienced when losing a loved one.  

Additionally, qualifying dependants could be eligible to claim reimbursement for some losses resulting from the fatal accident, such as loss of services, past and future earnings and loss of a special person. The amount awarded for these depends on factors such as how much of the deceased’s income you relied upon. 

Finally, certain qualifying parties could claim for funeral expenses. If you would like to enquire further about the amount of fatal accident at work compensation you could be eligible to receive, speak to one of our advisors. 

Start Your Claim Now

To make a claim, it is not a requirement to use a solicitor. However, it could provide benefits to your claim, as a legal professional will be able to help you navigate the claims process.

Moreover, entering into a Conditional Fee Agreement (CFA), a type of No Win No Fee agreement, can eliminate the upfront costs for a solicitor’s services, as well as any ongoing fees for their services. Furthermore, you will not pay for these if your claim is unsuccessful. 

On the other hand, a solicitor will take a small percentage of the compensation, called a ‘success fee’ if the claim is successful. The law places a cap on this percentage. Therefore, you would not be overcharged. 

Please don’t hesitate to speak to a member of our team. If they assess your claim and find that you are eligible, they could help you by putting you in contact with one of our No Win No Fee solicitors.

If you have any fatal accident claims questions that you would like to ask, get in touch:

Related Claims For Injuries At Work

Below, you can find links to some more of our guides on accident at work claims:

More sources for further reading:

Thank you for reading this guide to claiming fatal accident at work compensation. Please contact us using the information in the above section to make an enquiry.