Fatal Accident at Work Claims
Are you looking to claim compensation for death at work? If you have lost a relative or a person you were dependent on due to a fatal accident at work, our specialist solicitors are on hand to support you.
We can help you make a successful compensation claim if you have lost a loved one in an accident. Fatal work accident claims are made on the basis that an employee died following another person’s reckless and/or negligent actions. Fatal work accident compensation is vital in ensuring the victim’s close relatives are not financially burdened following the death.
Click the button below to speak to one of our solicitors for free, no-obligation advice on pursuing compensation.
Can I Claim Compensation Following a Death at Work?
Yes. If your loved one’s death was caused, or materially contributed to, by another person’s negligence, you may be entitled to bring a death at work compensation claim.
Many families mistakenly believe that compensation is only available where an employer admits responsibility or where criminal charges have been brought. This is incorrect. A civil compensation claim is entirely separate from any investigation by the police, the Health and Safety Executive, or the coroner. It is therefore often possible to begin investigating a compensation claim whilst other investigations remain ongoing.
Claims frequently arise where employers have failed to:
- Carry out suitable risk assessments
- Provide adequate training
- Maintain machinery properly
- Enforce safe working practices
- Provide appropriate supervision
- Supply suitable protective equipment
- Comply with statutory health and safety duties
- Respond appropriately to known workplace hazards
In some cases, responsibility may extend beyond the employer. Depending upon the circumstances, claims may also be brought against contractors, subcontractors, occupiers of premises, equipment manufacturers, maintenance companies, local authorities or other organisations whose negligence contributed to the fatal accident.
Our solicitors conduct detailed investigations to identify every individual or organisation that may be legally responsible, ensuring no potential avenue for compensation is overlooked.
Who Can Bring a Death at Work Claim?
The law recognises that one person’s death often affects many others. For that reason, different people may have different rights to pursue compensation.
Claims are commonly brought on behalf of:
- Husbands and wives
- Civil partners
- Qualifying cohabiting partners
- Children
- Parents
- Other financial dependents
- The deceased’s estate (through their personal representatives)
Most fatal workplace accident claims are pursued under the Fatal Accidents Act 1976, which enables certain relatives and dependants to recover compensation for the financial support, services and care they have lost following the death. The deceased’s estate may also pursue a claim under the Law Reform (Miscellaneous Provisions) Act 1934.
Determining who can claim can be legally complex, particularly with blended families, unmarried partners, or multiple dependants. Our specialist solicitors will advise you on your individual circumstances and ensure that every aspect of the claim is properly investigated.
How Much Compensation Can Be Claimed Following a Fatal Accident at Work?
One of the questions we are asked most frequently is “how much compensation is paid after someone has been killed at work?”
There is no fixed amount because every family and every claim is different.
The courts assess compensation by examining the financial consequences of the death and the losses suffered by those left behind. This means that compensation is based upon evidence rather than a standard tariff.
Depending on the circumstances, compensation may include damages for financial dependency, loss of earnings, pension losses, the value of childcare and household services the deceased provided, funeral expenses, medical expenses incurred before death, and statutory bereavement damages where applicable.
For younger families where the deceased was the principal wage earner, the financial dependency claim alone can amount to a substantial sum reflecting many years of future lost income and support.
Our solicitors work with experienced forensic accountants, employment experts and actuaries to ensure that every head of loss is accurately calculated and that families recover the maximum compensation to which.
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Who is to Blame for Death at Work?
Workplace health and safety laws can be highly complex, and it’s not always straightforward to determine who is to blame for a work-related accident. In some cases, multiple parties may share some responsibility, including the injured employee, the negligent employee and the company itself. It is best to consult a solicitor to determine where the blame will lie.
The employer’s legal responsibility is to provide a safe working environment for employees and ensure work is carried out safely. Their duty may involve implementing safety procedures, providing training and maintaining equipment. An employer may be liable if an accident occurs because of inadequate training, hazardous facilities, or faulty equipment.
The employee’s legal responsibility is to follow management-set rules, adhere to safety protocols, wear personal protective equipment (PPE), report hazards, and use equipment safely. The employer must comply with health and safety regulations, including providing appropriate training and using safe equipment. If an employee fails to follow instructions, they may be liable. If the employee is the victim, this may affect their entitlement to compensation.
Another critical point is vicarious liability, which means the company is partly liable for an employee’s actions that led to the accident. While employees can operate as they see fit, the employer must ensure staff act appropriately and take all reasonable steps to prevent or limit harmful acts. If the victim cannot prove which employee was negligent, the employer may be held liable under vicarious liability.
Common Causes of Fatal Accidents at Work
Although every case is different, certain types of workplace accidents continue to account for a significant proportion of fatal injuries across England and Wales.
These include:
- Falls from ladders, roofs, scaffolding and fragile surfaces
- Workers being struck by moving vehicles, including forklift trucks and HGVs
- Machinery accidents involving inadequate guarding or defective equipment
- Objects falling from height
- Electrocution and contact with overhead power lines
- Crushing injuries involving heavy plant or machinery
- Confined space incidents
- Explosions and fires
- Exposure to dangerous chemicals
- Structural collapses
- Unsafe lifting operations involving cranes or lifting equipment
- Fatal road traffic accidents involving employees travelling for work
- Exposure to asbestos and other hazardous substances resulting in occupational diseases
Many of these accidents are entirely preventable if the employer implements and monitors appropriate health and safety procedures.
Fatal Accidents at Work Compensation Examples
Workplace accidents can happen in many ways, and they can affect someone in even more ways. Fatal work accidents are unique, regardless of how they happened or how they affected someone’s life. We can only fully grasp the bigger picture by examining real-life work accidents and compensation cases.
Below are case study examples of accidents that made the news, including how they affected the victims’ lives and the payouts they received, to give you an idea of what compensation you can expect for death at work.
Waste Company Fined for £250k
One of the most recent fatal work accidents involved 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. A Health and Safety Executive inspection revealed numerous failings. The company admitted it failed to comply with regulations and ensure its employees’ health and safety. The Northern Echo reports that Stonegrave Aggregates was fined £200,000 and ordered to pay £48,952 in costs. The site manager, David Basham, was given a six-month suspended prison sentence, while the director and operations manager, Bruce Whitley, received a 12-month community order.
Farmer Fined for Serious Failings
In this workplace death example, 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 a digester tank mechanism. Once the tank’s roof was opened, the employees were engulfed by toxic hydrogen sulphide gas. This compensation for death-at-work payout resulted in the company and two of its other businesses being fined £20,000. The court found that the farmer failed to assess the roof and did not provide the employees with the necessary training before carrying out the task.
Family Receives £315,000 for Cherry Picker Crash
A family has received £315,000 in death at work payout damages following a fatal work accident involving a cherry picker. Painter and decorator Mikey McArthur, aged 26, died following the accident in Doune, Perthshire, in September 2018. While working on the upper level of a building’s exterior, a tour coach collided with the cherry picker. Mr McArthur was thrown from the platform and sustained fatal injuries after falling to the floor.
At the Court of Session in Edinburgh, Judge Lord Armstrong ruled that the coach driver caused the accident by failing to identify and avoid an obvious hazard. The family won a compensation claim against coach operator Timberbush Tours and the company’s insurers. Mr McArthur’s father and mother each received £100,000. His half-sister and stepfather received £45,000 and £75,000, respectively.
Compensation for the Largest Oil Rig Disaster
Oil rigs can be among the most dangerous workplaces, and one of the world’s biggest disasters occurred in July 1988. Piper Alpha, an oil rig near Aberdeen, was once one of Britain’s largest oil and gas installations. Sadly, an accident happened in 1988 following a gas leak, which ignited and caused an explosion, leading to the deaths of 167 workers.
After the disaster, a report found that the operator, Occidental Petroleum, had used inadequate maintenance and safety procedures. Lord Cullen recommended over 100 safety improvements for working in the North Sea. No one was held liable, and the operator received no criminal or civil conviction; however, it paid £66m in compensation to the families of the deceased.
Family of Delivery Rider Gets $834,000
The family of a delivery rider in Sydney, Australia, received $834,000 in damages after he died in a fatal work accident. Roads are inherently dangerous places and a common cause of serious accidents, posing a significant risk to people who drive for work. Gig workers, in particular, are at risk, as they often work long hours with reduced health and safety awareness and earn income based on how quickly they reach their destinations.
In this story, 43-year-old Xiaojun Chen was working for the food delivery company Hungry Panda when he died. Mr Chen died from his injuries after being struck by a bus while driving his motorbike. The company’s insurance agency agreed that he was considered an employee when he died, and therefore, his family was entitled to the NSW workers’ compensation scheme. This scheme awards $834,000 to dependents of an employee killed in a work-related accident and weekly payments of $149.30 for dependent children under the age of 16.
The Risks of Working at Heights
Statistics show that there are approximately 152 fatal work accidents annually for employees carrying out their jobs. Many involve falls from heights, such as scaffolders, roofers, and on-site builders, who often climb ladders or work at height. Specific health and safety regulations protect workers who work above ground level.
Employers must provide a safe working environment. Fatal work accidents are a clear hazard employers must safeguard against. All employers must ensure that their workplaces are safe for all employees. They must provide safety equipment, clothing, and breathing apparatus to protect employees undertaking work that may cause harm. Working at heights poses an obvious danger, and employers must provide not only the relevant safety equipment, such as scaffolding safety netting, but also training.
Work Accidents Are More Prevalent on UK Farms
The agricultural industry is a sector particularly affected by fatal work accidents. In this guide, we’ve also presented several examples of deaths following farm accidents. According to Farmers Weekly, as of April 2021, the United Kingdom’s fatal accident rate in farming had reached its highest level in 25 years. In just one year, over 50 people were recorded as having died in a farm-related accident. This figure is nearly double the previous year’s rate.
Farming is a critical industry because it supplies raw materials such as sugar and wood, boosts international trade, and supports environmental conservation. Perhaps most importantly, farming is an essential source of the world’s food supply. However, we can’t ignore the fact that farming can be a hazardous work environment. Farming accidents often involve falls from height, vehicle and machinery incidents, and livestock-related injuries.
Mesothelioma and Industrial Disease Contracted at Work
If you have been exposed to asbestos dust, it may lead to fatal injuries at work. It will be classed as an industrial disease. Dust extraction systems are effective tools that employers can install to capture and remove dangerous dust particles.
Several conditions may be caused by asbestos:
- Mesothelioma
- Asbestos-Related Lung Cancer
- Asbestosis
Mesothelioma affects 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 occurs when asbestos fibres lodge in 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 suggests 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, we have extensive experience in personal injury and industrial disease at work, and we combine that expertise with our work on fatal accidents to provide comprehensive legal services to bereaved families. We provide a complete, seamless legal service, backed by extensive experience, to progress your case with vigour and without fear. Learn more about claiming mesothelioma compensation for a deceased relative.
Fatal Work Accidents Statistics
The workplace is an environment where people should progress their careers, make friends, and earn a living. No one should go to work and not return. To illustrate the prevalence of fatal work-related injuries, this section will present some of the latest accident statistics.
The Health and Safety Executive releases an annual report summarising fatal workplace injuries. The statistics below are from the report published in July 2021, covering accidents from 2020/21 to March 2021. During this period, 142 workers were killed in fatal work accidents. Here is a breakdown of the industries where these deaths happened:
- Construction: 39 deaths
- Agriculture, Forestry and Fishing: 34 deaths
- Manufacturing: 20
- Wholesale, Retail, Motor Repair, Accommodation and Food: 14 deaths
- Admin & Support Services: 11 deaths
- Transport and Storage: 10 deaths
- Waste: 3 deaths
- Other: 11 deaths
The sectors where fatal injuries are more likely to happen are comparable to previous years, showing just how dangerous construction, agriculture and manufacturing can be. Most deaths occurred among people under 59, but the rate is greater for people aged 60 and over.
The following is a breakdown of fatal work accidents based on the primary type of incident that occurred:
- Falls from height: 35
- Struck by a moving vehicle: 25
- Struck by a moving object: 17
- Trapped by collapsing/overturning objects: 14
- Contact with moving machinery: 14
Eurostat, the statistical office of the European Union, has additional statistics showing the impact of fatal workplace injuries across the EU. In 2018, across the European Union’s member countries, 3,332 fatal accidents were recorded. Most non-fatal accidents involved men, with 2,137,935 compared to 968,107 women. Construction once again led in fatal accidents, followed by transportation and storage, manufacturing, and agriculture. Interestingly, manufacturing had the most non-fatal accidents.
Stats Last Updated: 8th May 2025
Get Your Fatal Accident at Work Compensation
All of the above questions, following the death of a close family member, are just a few enquiries that you will find answers to by contacting us for sympathetic and professional advice.
The family/dependents 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 death at work payout compensation, but they are also able to claim for the bereavement award and a dependency claim, which includes funeral expenses and serious loss due to being dependent on the deceased.
Click the button below to get started and speak to one of our solicitors who can help with your payout compensation claim.
