This guide will discuss how to make a personal injury claim on behalf of a loved one who died in a fatal accident on a construction site while working.
We will also discuss the eligibility criteria that must be met in order to have a valid case and who is eligible to make a fatal injury claim, whether on behalf of the deceased or for the effects the death has had on them.
Additionally, this guide will provide examples of evidence that could help support a fatal construction accident claim. We will also discuss the types of compensation that could be awarded following a successful claim. Furthermore, we will share how a No Win No Fee solicitor on our panel could help with making a fatal injury claim.
If you have any specific questions you would like answered, you can contact a member of our advisory team today. They can be reached 24/7 via the following methods:
- Call 020 8050 2736.
- Use our live chat service.
- Complete our ‘claim online‘ form for a callback.
Select A Section
- What Is The Eligibility Criteria When Claiming For A Fatal Construction Site Accident?
- Who Can Claim For A Fatal Accident On A Construction Site?
- How To Claim If A Loved One Suffers A Fatal Accident On A Construction Site While Working
- Potential Compensation From A Fatal Building Site Accident
- Claim Fatal Accident Compensation Using A No Win No Fee Solicitor
- Read More About Claiming Compensation For A Fatal Accident
What Is The Eligibility Criteria When Claiming For A Fatal Construction Site Accident
While working on a construction site, there are different parties that may have owed your loved one a duty of care. Construction sites are usually very busy places, with lots of different companies working alongside each other. First and foremost, an employee is owed a duty of care by their employer, but the site manager, contractor, subcontractors and self-employed third parties could also owe a duty of care. In personal injury claims establishing a duty of care is the vital first step.
The duty of care for employers is set out under the Health and Safety at Work etc. Act 1974. It states that they must take all reasonably practicable steps to ensure their employees’ health and safety while they are performing work-related duties. Some examples of how an employer could maintain their duty of care to help avoid building site accidents from occurring include:
- Providing all staff with adequate safety training.
- Performing regular risk and hazard assessments.
- Making sure equipment is fit for purpose, fault-free and well-maintained.
- Providing Personal Protective Equipment (PPE) where required, i.e. a safety harness to prevent a fall at work.
For the deceased’s estate to be eligible to begin a personal injury compensation claim for the pain and suffering plus loss of earnings suffered before the deceased death and for family members to apply for compensation for the effects the death has had on them, it must be established that there is a valid fatal accident claim.
To satisfy the fatal accident construction site claim, the following would need to be proved:
- The deceased was owed a duty of care.
- This duty was breached.
- Due to this breach, your loved one suffered a fatal injury.
Contact our team of advisors if you have any questions regarding making a fatal construction accident claim. They can also provide you with free advice.
Who Can Claim For A Fatal Accident On A Construction Site?
Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate can make a claim on behalf of the deceased’s pain and suffering. It can also claim for any financial losses the deceased suffered before their death. Additionally, they can bring forward a claim on behalf of the dependents of the deceased. They are the only party who is able to bring forward a claim for the first 6 months following the deceased’s death.
If 6 months pass and no claim has been made, then the deceased’s dependents can bring forward their own claim for how the death has impacted them. This is set out under the Fatal Accidents Act 1976 (FAA). Under the FAA, those who qualify as a dependent include:
- A current (or former) husband, wife or civil partner.
- Somebody who lived as the deceased’s spouse for at least two years before their death.
- A parent or somebody who was treated as such.
- A child or someone who was treated as such (including step or adoptive children).
- Brothers, sisters, uncles or aunts of the deceased.
To see whether you could bring forward a claim as the deceased’s estate for their suffering or for how your loved one’s death has impacted you following a fatal accident on a construction site, you can contact our advisors. They can also provide you with further information regarding the process of making a fatal building site accident claim.
How To Claim If A Loved One Suffers A Fatal Accident On A Construction Site While Working
When making a fatal building site accident claim as the deceased’s estate or for the effects the death has had on you as a dependant, you will need to provide evidence to support the claim. This evidence will need to demonstrate that the deceased suffered their fatal injuries due to a breach in the duty of care owed to them.
Some examples of the evidence you could collect to support a fatal construction injury claim include:
- Video footage of the accident. For example, some construction sites may have CCTV footage.
- Photographs taken at the scene of the accident.
- The deceased’s medical records stating any construction site injuries they suffered.
- A coroner’s report or the results from a post-mortem inquest stating the cause of the deceased’s death.
- The contact information of anyone who witnessed the accident in the workplace.
In cases of fatal accidents on a construction site, the employer or contractor would need to report them under RIDDOR, The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Specific injuries, accidents and near misses need to be reported to the Health and Safety Executive, Great Britain’s health and safety regulator. You could use any report or investigation as part of the evidence for the case.
These are only a few examples. For additional information regarding how to claim compensation on behalf of a loved one in a fatal accident at work claim, you can contact our advisory team.
Potential Compensation From A Fatal Construction Accident
Following a successful claim, compensation can be awarded for general damages, which cover the physical and mental pain and suffering of the deceased and for special damages, which cover their financial losses.
Those who are valuing a fatal accident claim may refer to the Judicial College Guidelines (JCG) to help them, alongside other forms of documentation, such as medical evidence.
The JCG contains compensation guidelines for a range of injuries, and we’ve used some of the brackets listed in the most recent edition in the table below. Please only refer to this as a guide.
Compensation Guidelines
Please note that the first entry is not part of the JCG.
Harm Suffered | Compensation Guidance | Details |
---|---|---|
Fatality plus additional claims | Up to £550,000 and over | This settlement bracket aims to cover any pain and suffering an also financial losses as well as dependency financial losses, loss of consortium and bereavement award. |
Very Severe Brain Damage | £282,010 to £403,990 | The person will suffer with little to no language function, and factors such as life expectancy, sensory impairment and extent of physical limitations will impact the amount awarded. |
Tetraplegia | £324,600 to £403,990 | Many factors will be considered when assessing the settlement amount in this bracket such as life expectancy, the presence of pain and awareness. |
Paraplegia | £219,070 to £284,260 | Factors such as the extent of pain, life expectancy and age of the injured party will affect the amount awarded. |
Severe Psychiatric Damage | £54,830 to £115,730 | Marked problems that affect the ability to cope with life and work and relationships with family and friends. The claimant will be vulnerable in the future. |
Severe Post-Traumatic Stress Disorder | £59,860 to £100,670 | Permanent symptoms affecting all parts of the claimant's working and daily life. |
Death with full awareness | £12,540 to £23,810 | The claimant will have full awareness of their injuries for a short while but then their levels of consciousness will fluctuate before their death within a couple of weeks to 3 months. |
What Else Could Be Claimed For In A Fatal Accident At Work Claim?
Certain parties may also claim a bereavement award following a successful fatal accident claim. This is a lump sum award of £15,120 and can be awarded to or split between:
- The wife of the deceased.
- The husband of the deceased.
- A parent, if the deceased, was a minor who was unmarried.
Other forms of compensation that can be awarded include:
- The cost of a funeral.
- Financial dependency from earnings, pensions or benefits of the deceased.
- Loss of consortium to cover the loss of companionship and the effect on a familial relationship.
- Loss of services, i.e. helping with children, home maintenance, etc, if the deceased helped with those.
For more information on claiming compensation after a fatal accident on a construction site, you can contact our advisors.
Claim Fatal Accident Compensation Using A No Win No Fee Solicitor
One of the construction accident solicitors from our panel could assist you with making a fatal accident claim for a loved one’s death Additionally, they usually offer their services under a Conditional Fee Agreement (CFA).
When you agree to work with a personal injury solicitor under this No Win No Fee arrangement, you will not need to pay your solicitor anything in advance for them to begin working on the claim. Furthermore, they will not ask for payment for their work while the claim is in progress or if it ends unsuccessfully.
A success fee will be paid to your solicitor if they are successful with the claim. This fee is a small percentage that is subjected to a legal cap, and it is taken from the compensation that is awarded to you.
Contact Us
If you have lost a loved one in a fatal accident on a construction site and would like to see if you could make a fatal workplace injury claim on their behalf or as a dependant, you can contact our advisors. They may also put you in contact with one of the specialist personal injury solicitors on our panel.
Our advisors can be reached by:
- Calling 020 8050 2736.
- Completing our ‘Claim online‘ form for a callback.
- Using our live chat service.
Read More About Claiming Compensation For A Fatal Accident
Additional guides by us:
- Information on the steps you could take if you have injured your back at work and want to make a claim.
- When could you make a fatal car accident claim and the steps that could be taken.
- Advice on how to claim compensation under the Fatal Accidents Act 1976 and how our team could help.
Further external resources:
- Gov.UK – Death and bereavement.
- At A Loss – Helpful bereavement services.
- Health and Safety Executive (HSE) – Work-related fatal injuries in Great Britain.
Contact our advisors for any additional information about making a claim on behalf of a loved one for a fatal accident on a construction site.