If you have lost a loved one due to an accident at work caused by an employer’s negligence, you might be interested in seeking fatal injury compensation. In this guide, you’ll find out if you are eligible to claim on behalf of the deceased.
Additionally, this guide will explore the settlement that could be awarded following a successful claim. It will also look at what your settlement could comprise and the evidence needed to support your fatal accident claim.
Our panel of solicitors could represent your claim, provided it is valid and has a chance of success. They have experience handling claims for fatal accidents at work and could offer their services on a No Win No Fee basis.
For more information on anything regarding your potential claim, get in touch by:
- Calling us on the number above
- Filling out a form online to contact us
- Connecting with an advisor via our live chat function
Fatal injury compensation claims guide
Can I Claim Fatal Injury Compensation?
The Health and Safety at Work etc. Act 1974 sets out the duty of care that employers owe to their employees. As such, they must take reasonable steps to prevent employees from experiencing harm in the workplace.
In order to put forward a valid fatal injury claim following an accident at work, it must be demonstrated that an employer breached the duty of care they owed and caused an employee harm as a result.
Additionally, there are two pieces of legislation that make it possible to claim for a fatal injury. The estate of the deceased is entitled to claim on behalf of the person who has died for their pain and suffering as per Law Reform (Miscellaneous Provisions) Act 1934.
Also, the Fatal Accidents Act 1976 (FAA) allows certain qualifying relatives to make a claim for the impact the death has had on them. As per Section 1 of the FAA, the qualifying relatives include:
- A wife, husband or civil partner (current or former)
- A parent or other ascendant of the deceased
- A child or descendant of the deceased, or if you were treated like their child due to a relation through marriage or civil partnership at any time
- The brother, sister, uncle or aunt of the deceased or any of their children
Our advisors can offer further information on making a fatal injury compensation claim. Get in touch using the number above.
Fatal Work Accident Figures
A fatal accident at work can happen for a number of reasons. The latest Health and Safety Executive (HSE) statistics reveal the most common kinds of fatal accidents were as follows:
- Falls from a height (35 deaths)
- Struck by a moving vehicle (25 deaths)
- Struck by a moving object (17 deaths)
- Trapped by something collapsing or overturning (14 deaths)
- Contact with moving machinery (14 deaths)
Work-related accidents can also put the public in danger. In fact, 60 members of the public were killed in 2020/21 as a result of work-related accidents according to the HSE statistics.
Calculating Compensation For A Fatal Injury
After losing a loved one in a fatal accident, you might wonder if you can sue for the pain and suffering of the deceased on their behalf. The answer is yes; fatal injury compensation can be awarded for the pain and suffering of the deceased.
The Judicial College Guidelines (JCG) are used by legal professionals to help them value compensation for fatal injuries based on awards given in previous court cases. We’ve taken amounts from the 16th edition of the JCG to create the table below. Please remember, the compensation amounts featured below are just estimates.
| Injury | Compensation Amount | Notes |
|---|---|---|
| Death plus add on claims | Up to £550,000 and over | Awards include compensation for the pain and suffering of the deceased as well as any losses affecting dependants, such as lost income. |
| Tetraplegia (a) | £324,600 to £403,990 | The award will depend on various factors such as the extent of any physical pain. |
| Very Severe Brain Damage (a) | £282,010 to £403,990 | The award will depend on several factors such as life expectancy. |
| Paraplegia (b) | £219,070 to £284,260 | The award given will depend on the extent of pain and age. |
| Moderately Severe Brain Damage (b) | £219,070 to £282,010 | The level of award within the bracket is affected by the person’s life expectancy. |
| Lung Disease | £100,670 to £135,920 | There is a probability of premature death. |
It is also possible to receive other forms of compensation when making a fatal accident claim. These include:
- Funeral costs
- Loss of services, such as DIY around the house
- Dependency payment which includes loss of past and future earnings
You may also claim a bereavement award. Section 1A of the FAA fixes this figure at £15,120. However, this is only for the benefit of certain qualifying relatives.
For more information on what payments could be included in a fatal injury compensation settlement, please get in touch with our team.
Causes Of Fatal Accidents
There are various ways a fatal accident at work could occur as a result of your employer’s negligence. Examples of accidents caused by negligence include:
- Falls from heights: An employer may have failed to ensure that the equipment was safe to use by carring out regular risk assessments. As a result, an employee may have fallen from a defective ladder and sustained a fatal head injury.
- Slips, trips and falls: There may have been a spill on the floor that wasn’t properly signposted. As a result, an employee may have slipped and suffered a fatal injury to the neck and spine.
- Struck by a moving object: Employers should ensure they provide adequate training to employees. However, they may have failed to do so before allowing an employee to operate a forklift truck. As a result, they may have crushed another employee due to being unable to control the machinery correctly.
If you have experienced a similar form of negligence, please get in touch to discuss your eligibility to claim.
What Evidence Could I Gather To Support A Fatal Injury Compensation Claim?
In order to successfully claim fatal injury compensation it is crucial that you can prove a legal duty of care was breached by a third party, thus causing your loved one harm.
Evidence you may collect to support your claim, includes:
- Medical assessments about the deceased’s diagnosis and treatment
- A coroner’s report
- Witness contact details
- Photographs of the scene of the accident
- CCTV footage
A solicitor from our panel could use their experience in handling fatal injury compensation claims to help you gather evidence. Find out whether a solicitor from our panel could start working on your case below.
What Is A No Win No Fee Agreement?
A No Win No Fee agreement could benefit you if you are looking for a way to fund legal representation without paying upfront fees or ongoing costs. Our panel of solicitors process claims on a No Win No Fee basis, often under a Conditional Fee Agreement (CFA).
If your claim is successful, you will pay a success fee from your compensation. However, this is subject to a legal cap. Also, you won’t pay this fee if your claim fails.
Discuss How To Claim Fatal Injury Compensation
For more information about whether you’re eligible to have a solicitor from our panel represent your claim, our team could help. An advisor can check your eligibility and assign a solicitor from our panel to start working on your claim, provided it’s valid and has a chance of success.
Alternatively, you may wish to discuss your potential fatal injury compensation claim in more detail. Either way, you can get in touch by:
- Calling us on the number above
- Filling out a form online to contact us
- Connecting with an advisor via our live chat function
Further Information About Claiming Fatal Injury Compensation
For more useful resources on fatal injury compensation, you should try:
- NHS- When to call 999
- GOV- Bereavement help and support
- GOV- Applying for probate
- Fatal accidents at work claims
- Head here to learn more about fatal accident at work claims
- Who can make a fatal accident claim? – check the eligibility criteria here
- Fatal accident examples – see if your own circumstances match others
- Fatal accident solicitors – head here to learn about finding legal support
- Learn more about fatal accident compensation payouts here
- Head here to check the average compensation payouts for a fatal accident
For more information on making a fatal injury compensation claim, get in touch with our team using the details above.
