What Is The Procedure For Making A Death At Work Claim?

Has one of your loved ones suffered a death at work that was their employer’s fault? If so, a claim could be made on their behalf. We will explore the eligibility criteria for doing so in further detail throughout this guide.

death at work

Death at work claims guide

All employers owe their employees a duty of care, which we will expand on later in this guide. Any breach of that duty of care that causes harm could constitute negligence and see them liable for a workplace accident.

This guide will explore the scenarios in which a death in the workplace may occur. 

In addition, we will explore what steps could be taken as part of the personal injury claims process following a fatal accident at work. 

We will also examine the compensation that could be awarded and how it is calculated. 

Please continue reading for more information. However, you can speak directly to one of our advisors if you would prefer to do so. To get in touch: 

  • Call the number at the top of the page
  • Contact us via our website
  • Write to us using our live chat feature below.

Choose A Section

  1. Could I Claim Compensation After A Death At Work?
  2. Scenarios Leading To Deaths At Work
  3. What Evidence Is Necessary For A Claim?
  4. Potential Compensation For A Death At Work
  5. Could I Get A No Win No Fee Lawyer?
  6. Extra Guidance On Death At Work Claims

Could I Claim Compensation After A Death At Work?

As previously stated, a claim could be made on behalf of a loved one if they have suffered a death at work. This is outlined by the Law Reform (Miscellaneous Provisions) Act 1934 which states the estate of the deceased can claim for the pain and suffering of the deceased. 

The Fatal Accidents Act 1976 states that a dependent could claim for the way the deceased’s passing has impacted them. A dependent is defined under the FAA as:

  • The current or former wife, husband or civil partner of the deceased. 
  • A parent or other ascendant of the deceased, this also includes anyone who was treated as their parent.
  • A child or other descendant of the deceased, this also includes someone who was treated as their child due to marriage or civil partnership, such as step children.
  • The brother, sister, uncle or aunt of the deceased as well as any of their children.
  • Someone who was living with the deceased as spouses for two years before their death.

There are certain dependents who could qualify to receive a bereavement award under the FAA as well. This can be awarded to:

  • A husband, wife or civil partner
  • Someone who was living with the deceased as spouses for two years before their death
  • The parents of the deceased if they were a minor who was unmarried or the mother of the deceased if they were a minor who was unmarried and born out of wedlock.

We will explore the bereavement award in more detail later on in this guide. Please continue reading for more information. Alternatively, get in touch with our team to see who could make a death at work claim on behalf of a loved one.

Frequency Of Workplace Deaths

According to the Workplace Fatal Injuries in Great Britain, 2022 report provided by the Health and Safety Executive, there were 123 fatal injuries to workers reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2021/22.

From this figure there were: 

  • 30 in construction
  • 22 in manufacturing
  • 22 in agriculture, foresting and fishing 
  • 16 in transportation and storage
  • 12 in administrative and support services
  • 11 in wholesale, retail, motor repair, accommodation and food
  • 1 in waste and recycling
  • 9 in other industries

Scenarios Leading To Deaths At Work

As previously mentioned, employers owe their employees a duty of care to prevent them from sustaining harm in the workplace. This is set out in the Health and Safety at Work etc. Act 1974 which is a central piece of workplace health and safety legislation.

As per their duty of care, employers must take all reasonably practical steps to ensure the safety of their employees. A breach of this duty of care could lead to an employee sustaining harm in the workplace.

Examples of accidents in the work that could lead to fatal injuries might include:

  • An employer may not be provided with the necessary personal protective equipment, such as a hard hat that is required to reduce the risk of injury when working in construction. Consequently, a heavy object falls on their head causing a fatal head injury.
  • An office employee might trip over a wire that hasn’t been effectively covered by their employer. As a result, they suffer a slip, trip or fall accident and sustain a fatal neck and head injury. 
  • A lack of up-to-date forklift training could see an employee involved in a factory accident. Due to the machinery involved, the consequences lead to the employee sustaining several fatal injuries.

If an employer has breached their duty of care leading to a death at work, call our team to learn whether a claim could be made on behalf of the deceased.

What Evidence Is Necessary For A Claim?

There are several pieces of evidence that could help support a death at work claim, including:

  • The contact details of any witnesses who saw the accident for a witness statement to be taken at a later date. 
  • CCTV footage of the scene and/ or the incident.
  • Photographs of the hazard that led to the accident.
  • Medical reports, such as a post-mortem report.
  • Evidence of financial losses such as receipts for funeral costs.

Lastly, you should seek legal advice. This is something our advisors could help with. They may also be able to assign an accident at work solicitor from our panel to help you collect evidence that could help support a claim made on behalf of the deceased.

Potential Compensation For A Death At Work

After a successful death at work claim, compensation can be awarded for the deceased’s pain and suffering.  

We have provided figures from the Judicial College Guidelines (JCG). This is a document legal professionals can use to help them when valuing fatal accident claims. However, please only use them as a guide because each settlement can differ. 

Injury and SeverityCompensation BracketDescription
Death/ Losses£550,000 +Awarded for the pain and suffering of the deceased. Also, covers losses affecting dependents, such as lost income.
Injuries involving paralysis£324,600 to £403,990(a) Tetraplegia. Factors that may influence the award include age and psychological effects.
Injuries involving paralysis£219,070 to £284,260(b) Paraplegia. Compensation will be based on factors such as the level of pain, independence, mental state, age and life expectancy.
Very Severe Brain Damage£282,010 to £403,990Compensation will be awarded based on the life expectancy, physical limitation, requirement for gastrostomy for feeding, sensory impairment, ability to communicate with or without assistive technology, presence of epilepsy, and level of behavioural problems.
Moderately Severe Brain Damage£219,070 to £282,010The injured person will be considerably dependant on others and will require professional and other care.
Severe Psychological Damage (generally)£54,830 to £115,730Damage that hinders the person's ability to cope with life and their relationships.

In addition, there are other forms of compensation that could be claimed. Examples of these include:

  • Funeral costs 
  • Loss of consortium which is the loss of a special person.
  • Financial dependency award which includes the loss of past and future earnings if the dependent was reliant on the deceased’s income.
  • Loss of services which can include help with looking after children or doing work around the house.

Under Section 1A of the Fatal Accidents Act 1976, certain qualifying relatives could receive a bereavement award. This is a fixed sum of £15,120.

For more information on who could qualify for the bereavement award, do not hesitate to get in touch with a member of our team. They can provide further guidance on the compensation that could be awarded following a successful fatal workplace accident claim.

Could I Get A No Win No Fee Lawyer?

A Conditional Fee Agreement (CFA) is a type of service No Win No Fee solicitors can offer.

A CFA means that you don’t pay for the services that your solicitor provides if your case is unsuccessful. 

Alternatively, if your case is successful, you will have to pay a legally capped success fee to your solicitor. This will be deducted from the compensation. 

To find out whether a solicitor from our panel could represent a death at work claim, get in touch using the details below.

Talk To Us About Making A Death At Work Claim

We hope this guide has provided you with the information you need to understand when a death at work claim could be made on behalf of a loved one. However, if you have any other questions, please get in touch with our advisors. You can:

  • Call the number at the top of the page
  • Contact us via our website
  • Write to us using our live chat feature below.

Extra Guidance On Death At Work Claims

Here we have provided some additional reading:

We have also included some of our own guides:

Thank you for reading our guide on what to do if a loved one has suffered death at work. For more information, get in touch on the number above.

Writer Beck Patch

Editor Meg McConnell