Compensation for Fatal Accidents at Work
Are you looking to claim compensation for death at work? Statistics show that there are approximately 152 fatal work accidents a year for employees who are carrying out their jobs. Many relate to falling from heights such as scaffolders, roofers and builders on-site climbing ladders or working at height. There are specific Health & Safety Regulations to protect workers who work above ground level.
Employers are under a duty to provide a safe working environment for their employees. Fatal work accidents are an obvious hazard that employers must safeguard against. All employers must ensure that the place of work is safe for all employees. They must provide any safety equipment, clothing and breathing apparatus to protect employees who are undertaking work that may cause them harm. Working at heights is an obvious danger and employers must provide not only the relevant safety equipment, such as scaffolding safety netting, but also training.
Fatal Accidents at Work Statistics
- Construction: 44 deaths involved in construction occurred in the past year
- Agriculture: 36 deaths in the past year
- Manufacturing: 21 deaths
- Other: 13 deaths
Fatal Work Accidents Case Study Examples
There are so many ways in which an accident in the workplace can take place and even more ways in which an accident may affect someone. Every fatal work accident is different, no matter how it was caused or how it has impacted someone’s life. We can only fully take in the bigger picture when we look at real-life examples. Below are some case study examples of accidents that have made the news, including how it has affected the victim’s life and the compensation payouts they’ve received.
Waste Company Fined for £250k
One of the most recent examples of a fatal work accident involves a waste management firm in County Durham. In December 2015, an employee of Stonegrave Aggregates tragically died when a machine that separates waste was accidentally switched on. The deceased, named Simon Hogg, was violently thrown around, as was another employee who sustained life-changing injuries such as a broken leg, several fractures and a punctured lung.
Mr Hogg was pronounced dead at the scene despite attempts to revive him. An inspection by the Health and Safety Executive concluded that numerous failings were discovered. The company admitted to failing to comply with regulations and failing to ensure the health and safety of employees. The Northern Echo reports that Stonegrave Aggregates was fined £200,000 and ordered to pay costs of £48,952. The site manager, David Basham, was given a six-month suspended prison sentence, while director and operations manager Bruce Whitley received a 12-month community order.
Farmer Fined for Serious Failings
In this case study example of death at work, a farmer was fined for serious safety failings. The farmer was charged with negligence/fault following the death of a 27-year-old man. The victim and another employee were tasked with fixing the mechanism of a digester tank. Once the roof of the tank was opened, the employees were engulfed by toxic hydrogen sulphide gas. This compensation for a death at work claim resulted in the company and two of his other businesses being fined £20,000. It was determined that the farmer failed to assess the roof and did not provide the employee’s with the necessary training before they went to carry out the task.
Mesothelioma and Industrial Disease Contracted At Work
At work, if you have been exposed to asbestos dust that may prove to be fatal. It will be classed as an industrial disease. There are several conditions that may be caused by asbestos:
- Asbestos-Related Lung Cancer
Mesothelioma affect the lungs and is always fatal when diagnosed, victims often have less than a year to live, some longer, some not so long. Asbestos-related lung cancer involves the fibres from asbestos become lodged in the lung tissue causing irritation and scarring over time. This irritation and scarring can then also develop into tumours. There is often a complex association where the worker victim has also smoked and the expert evidence suggesting that there is an increased likelihood of lung cancer. But in the case of malignant mesothelioma, the asbestos fibres scar and lead to tumours in the lining of the lungs causing cancer and death.
As expert solicitors in this area, not only do we have a wealth of experience with personal injury and industrial disease at work, we have combined our expertise when dealing with fatal accidents to provide comprehensive legal services to bereaved families. A complete seamless legal service providing a wealth of experience to progress your case with vigour and without fear.
Further Reading Mesothelioma After Death For Families
We have several more articles on mesothelioma to help you and your family to consider choosing the right solicitor to help you through this difficult time. You must not delay, however, as this could be a bar to making a claim and be in no doubt that despite the hardship and pain you and your family are enduring the employer’s insurers and legal advisers will take the matter to court to decide if there was a delay in taking court action.
Fatal Accident Claims Compensation Guide
Here at R James Hutcheon Solicitors, we understand that the loss of a loved one can cause pain, grief and suffering and that no amount of compensation can recover this loss. However, the award of compensation for death at work can help with the stress of loved ones still having to pay the mortgage and bills such as funeral costs, loan repayments and general household expenses. A bereavement award can also be awarded to the deceased’s Spouse or Parents.
For your information, we have set up a fatal accident compensation guide. Anyone needing any more information please contact us.
Death At Work Compensation Claims
All of the above questions following the death of a close family member are just a small number of enquiries that you will find answers to by contacting us for sympathetic and professional advice.
The family/dependants are entitled to submit a claim to get fatal accident at work compensation on behalf of the deceased if there is blame.
Not only can the family get compensation for death at work, but they are also able to claim for bereavement award and dependency claim which includes funeral expenses and serious loss due to being dependant on the deceased.
What is a Dependency Claim?
A dependency claim is a claim is for financial support, usually to the next of kin such as the deceased’s wife, husband and children – Civil Partnerships are also now recognised. When a person dies, if the deceased was had an income, that income would be lost upon death. It is generally the case that the income would be used for the benefit of the spouse/partner and children which results in a continuing loss to the dependents. The dependents are therefore able to claim for this financial loss to support them.
The calculation is usually divided in a certain way unless there is a particular pattern or an unusual way that the deceased supported his/her dependents before death. What the deceased would have earned for the rest of his/her life, including any future promotions and/or any pension provisions, is taken into consideration. As fatal accident at work solicitors, we will assess how much of that money would have been spent on providing for the deceased dependents/family and calculate what the dependency award would be which can amount to a substantial sum.