Fatal Accidents

Fatal Accidents Compensation Claims

Tragedies in the workplace should never occur. However when they do the lawyers at we solicitors llp are here to help. From assistance in dealing with the compensation claim to representation at coroners inquests (a legal inquiry into the causes and circumstances of a death) and police investigations our experienced solicitors provide a full service.

If necessary we solicitors can also deal with corporate manslaughter which enables a corporation to be punished and censured for culpable conduct that leads to a person’s death. The Corporate Manslaughter and Corporate Homicide Act 2007 allows companies and organisations to be found guilty of corporate manslaughter if serious management failures resulted in a gross breach of a duty of care.

We solicitors will also report employers to the Health and Safety Executive in order for them to investigate the matter and if necessary prosecute employers.

There are different claim which arise following a fatal accident. They are:

1. Victim’s claim

This applies when someone has suffered physical or emotional pain or distress prior to their death then this part of the claim will include compensation for these. Compensation will also be awarded for the victim’s financial loss between the time of the injury and their death.

2. Dependents’ claims

This is a claim for any family member who was dependant on the victim for financial support such as a child, grandchild, spouse, cohabiter living as husband or wife for at least two years to name a few. The claim will include loss of the continuing support.

3. Bereavement award

In addition to the victim’s claim and the dependents’ claim, there is a statutory bereavement award following a fatal accident.

This is a lump sum award, which increased of £11,800 for deaths, which occurred after 1 January 2008.

This is awarded to bereaved person following the death of a partner, spouse or child under 18, even if the deceased had no claim for pre-death injury and there was no loss of income or benefits for dependants.

Our specialist probate department are also happy to provide any assistance you require in dealing with the estate of your loved one. Please see our wills and probate website or call 0800 206 1616.

What to do?

If you have been harmed during the course of your employment you should do the following:

  1. Report your accident to you supervisor/boss.
  2. Ensure the accident has been recorded in the Accident book, ensuring you have read the contents and are happy with the accident circumstances.
  3. If you have been off work for over 3 days due to an accident related accident/illness your employer should complete a RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Report) report should be completed and sent to the HSE.