If a family member or loved one suddenly and unexpectedly dies as a result of an accident at work it can have a devastating effect on all around them, especially their immediate family.
First and most obviously there is the emotional trauma that comes with losing a loved one too soon. Then on top of that you may be left with bills to pay for medical or funeral expenses, all of which you will have to pay for without the help of your loved one’s income that you may have been financially dependent on.
If this is the case for you, then our fatal claims team at Brown Turner Ross can help. Not only will we work to give you financial security for the future, we will also be there whenever you need us to help you deal with this unexpected and unanticipated traumatic event in your life.
Who is responsible for death at work?
It’s the responsibility of an employer to provide a safe working environment for all of their employees. This includes conducting appropriate risk assessments and acting upon their findings to mitigate the chance of any employee coming to any harm.
Putting risk assessment findings into action can include:
- Providing proper and effective PPE
- Ensuring employees are sufficiently trained to be carrying out their tasks
- Making changes to working environments to remove or otherwise mitigate any potential hazards
For an employee to suffer a fatal accident at work that was not their fault, their employer was likely negligent at some point by failing to complete a risk assessment at all, preparing an inadequate one or implementing the necessary recommendations.
How much compensation for death at work claims?
Every compensation claim following a death at work will be different because no two circumstances are the same.
After a fatal accident at work has been reported, there will be an inquest to establish the cause of the accident and death before a jury declares a conclusion.
The conclusion will then be used as part of the investigation by the enforcement authority and will also have an affect on your claim. The company, employer, or other person responsible may be required to pay a fine and then pay additional damages to the deceased’s family or representatives.
However, certain dependants of the deceased can go about the process of claiming a bereavement award of a statutory amount of £15,120. You will be able to claim a bereavement award if you are the deceased’s:
- Spouse
- Civil partner
- Parent (if the deceased is under the age of 18)
- Partner in an unmarried relationship for more than two years
Can you claim for witnessing a death at work?
The responsibility for an employer to provide a safe working environment for all employees extends to cover the mental anguish that may be experienced if co-workers witness an employee suffering a fatal accident.
If you develop post-traumatic stress disorder (PTSD) following you witnessing a death at work, then you may also be able to claim compensation as a secondary victim.
You would have to prove that your PTSD or other suffering was a direct result of witnessing the fatal accident at work and you will need to have an official diagnosis by a qualified and certified professional.
Death at work from coronavirus
In 2020/21, you may expect the annual death at work statistics to be skewed by the impact of coronavirus on the working population.
However, looking at the official workplace fatal injury statistics for 2020/21, you will see that there is not much variation from the past six-year average.
Some believe that deaths at work due to coronavirus have been underreported, especially in the health and care sectors but also in retail and other essential working roles.
If you believe that a family member or loved one died from contracting coronavirus at their workplace and this could have been avoided by their employer, then please get in touch and we can work with you to see if you have the basis for a claim.
Fatal work accident lawyer
Pursuing a fatal claim may not be the first and most immediate thought that crosses your mind after losing a loved one, which is why you should take as much time as you need to look after yourself and your family following a loss.
You have three years from the date of the accident to initiate court proceedings and we at Brown Turner Ross will be here to get you the compensation and protection that you deserve when you decide the time is right.