Two Accidents At Work, One Fatal
Summary of a fatal accident claim, solicitors report that the deceased had fell at work causing a head injury but 3 years after the first accident at work, he fell again (as he was drunk) which caused the death of the claimant.
The issue was whether the employer who admitted fault in respect of the first accident could be held responsible for the second and fatal accident where the fatal injury occurred outside of work. To a lay person this is not an impossible at first blush because the law does allow for such matters providing that there is a “causal connection.”
In this case this connection between the two accidents was proven in so far as after the first accident it caused a personality disorder that caused the deceased to drink in excess. This was never the case before the first accident.
The judge held that the head injuries sustained in the first accident had had a “causative link” in relation to the second accident. The judge also held that it was fair in the circumstances that the employer was responsible for the fatal accident.
However, the judge also noted that the deceased had failed to look after himself, there was some responsibility he had to take for himself for his actions and rather than not provide any compensation for the fatal accident, the judge reduced the compensation to his estate and dependents by one third.
Posted: October 13, 2013 at 9:00 am