Fatal Accident at Work Claim
Losing a family member in a fatal accident at work can leave you dealing not only with grief, but unexpected financial pressure. If the death was caused by an employer’s negligence or the negligence or wrongful act of another party’s actions, you may be able to claim compensation that will compensate for financial losses arising from your loved one’s death and ease some of the financial pressures following their death.
Fatal accident claims can provide financial support for dependants and help to cover losses linked to the death. They are also an opportunity to understand what caused the death and whether more should have been done to prevent the fatal accident, which may also provide answers about the circumstances of the death and identify whether more could have been done to prevent it.
At Switalskis, our experienced team can manage the legal process for you, from investigating the accident and gathering evidence to negotiating a compensation settlement. We’ll explain your options in straightforward terms and give you clear legal advice throughout the process. We understand how difficult these circumstances are and will take a sensitive approach to seeking the help you need.
To speak to us about a fatal accident, call Switalskis on 0800 138 0458 or contact us through the website for a no obligation consultation.
To get started, give us a call today on 0800 138 1379, or get in touch with us through our website to find out more about how we can help.
Our personal injury specialists are accredited by the Law Society, Headway and APIL, reflecting the skill and dedication we bring to every case.
We’ve been helping injured people for decades, securing millions in compensation to cover rehabilitation, lost earnings, care, and future needs.
We understand how difficult life can feel after a serious injury. You’ll have a solicitor by your side who listens, supports you, and keeps everything clear and straightforward.
Access to justice should never depend on finances. Many of our cases are funded on a “no win, no fee” basis, so you won’t pay anything unless your claim succeeds.
When a loved one dies at work, it's natural to have questions about how the death occurred and whether it should have been prevented. Fatal accident claims can be complicated because they may overlap with different areas of law, and require different types of investigations. When you’re already dealing with bereavement, this can place an extra burden on you and your family, but the right legal support can make a big difference.
At Switalskis, our team specialises in simplifying the claims process, and we'll take on the bulk of the legal responsibility for your claim to minimise any stress during your difficult time. During a free initial consultation, we can listen to your story and give you clear legal advice on whether or not we believe you are able to claim compensation. If you decide to move ahead, we'll investigate how an employer or another party breached their duty of care and gather the necessary evidence to build a strong case. This could include medical records, witness statements, accident reports and workplace documents, and we'll review findings from the Health and Safety Executive (HSE) and any internal investigations where available.
A claim is a key source of financial support following a fatal accident and the loss of a loved one. Another important aspect of our work is to calculate the financial losses suffered by the family, and assess whether a dependency claim for lost earnings and financial support is possible. If so, Switalskis will negotiate with the defendant and their insurer to reach a fair settlement based on your loss. We are also prepared to represent you in court if a fair agreement cannot be reached.
Our fatal accident solicitors combine a strong track record of success with a thorough understanding of the extra legal and emotional issues that follow a death. We have been recognised by both the Legal 500 and the Chambers and Partners guide for the quality of our legal services.
I would like to thank Rosie again for her professionalism and compassion. She was always supportive and helpful and tried her best to take the stress off of me.
Personal Injury Client
Amazing advice every time and always kept up to date. I felt at ease talking to Rosie about such a traumatic part of my life. The level of service I received cannot be improved. Rosie Dodds will come highly recommended from me to anyone that asks.
Personal Injury Client
Stephanie went over and above what she needed to do to help me. She provided me with the best possible outcome I could have wished for in the circumstances.
Personal Injury Client
We fund many fatal accident claims through a conditional fee agreement, commonly known as a no win no fee agreement. With a no win no fee agreement, you don’t pay any legal fees upfront. If the claim is successful, a success fee is deducted from the compensation in line with the terms of a conditional fee agreement. Other legal fees and insurance costs can also apply, depending on the claim, but the approach is designed to enable you to seek justice with minimal financial risk.
To get started, call our specialist fatal accident at work lawyers today on 0800 138 1379, or get in touch with us through our website to find out more about how we can help.
Fatal accident compensation covers a range of different aspects of your loss, and there are different types of claim to reflect these circumstances. In some situations, several different losses can form part of the compensation claim, and you should work with an experienced solicitor to make sure the damages you may be entitled to are calculated correctly.
A dependency claim can provide financial compensation for support that the deceased would have provided if they had lived. This can cover losses such as:
Calculating financial dependency means looking at the deceased’s earnings, age, likely career progression and the support they provided to family members. This part of fatal accident claims can be especially important where the household relied heavily on the deceased’s income, but will be an important consideration where there is evidence of a financial or services dependency.
Where a worker survived for a period after suffering fatal injuries, the deceased’s estate can also pursue certain losses suffered before death. Under the Law Reform (Miscellaneous Provisions) Act 1934, this can include damages connected with the deceased’s own claim before death, such as pain and suffering and some financial loss. This is separate from the dependency claim made for the effect of the death on surviving family members and is brought on behalf of the deceased's estate by their personal representative.
Reasonable funeral expenses can form part of fatal accident claims in appropriate circumstances. These can include funeral costs paid by eligible dependants or expenses recoverable by the deceased’s estate, depending on who paid them and the legal basis of the claim. Keep receipts and records of funeral expenses, as this will enable us to assess what can be included.
The Fatal Accidents Act 1976 also provides for a statutory bereavement award for eligible family members. For deaths falling within the current provisions in England and Wales, the award is a fixed sum of £15,120. Eligibility is restricted to a spouse, civil partner or a qualifying cohabiting partner who lived with the deceased for at least two years immediately before the death. Where the deceased was an unmarried minor, a bereavement award may instead be available to their parent or parents.
The statutory bereavement award is only one element of fatal accident compensation in many cases, and it may be possible to make a civil claim even if you have received a statutory award.
Employers have a duty of care towards their workers. They must take reasonable steps to protect employees from foreseeable risks to their health and safety, and any failures in doing so that lead to injuries or death could see the employer held responsible.
The Health and Safety at Work etc. Act 1974 provides the foundation of this requirement, but the specific obligations for each employer depend on the work being carried out, the industry in which it operates and any specific risk factors associated with the work or the premises. Employers should carry out suitable risk assessments to identify hazards and address them to minimise the risk of accidents. Beyond this, an employer’s responsibilities can include:
A failure in any of these areas can support a compensation claim where that failure contributed to a fatal accident. The liability does not have to be criminal, as civil claims and criminal or regulatory proceedings use different legal processes. The team at Switalskis will examine the evidence and the circumstances, and thereby determine whether or not you're able to claim.
Building a robust claim with strong evidence can help establish liability and may encourage the other party to make an early admission, allowing us to proceed to negotiations over the compensation you should receive. The evidence we'll need will depend on how the fatal accident took place but, in general, we may look at any of the following:
When you start the claims process, our experienced team will identify what evidence we need and obtain it on your behalf. Evidence gathered soon after a fatal accident can be particularly valuable, so seeking expert legal advice early can make a difference to your chances of success.
Contact us today and let's start your journey towards recovery together. Call us today on 0800 138 1379, or get in touch via our form.
Fatal accident claims are subject to legal time limits. Under the Limitation Act 1980 , a claim under the Fatal Accidents Act 1976 will generally need to be started within three years of the date of death or, if later, the date of knowledge of the person for whose benefit the claim is brought. Different rules apply depending on the circumstances, including where the deceased's own right to bring a claim had already become time-barred before their death, and the court has discretion in certain circumstances to allow a claim to proceed outside the usual limitation period.
Every fatal accident is different, and the specifics of the claims process depend on how the death occurred - for example, whether a workplace accident caused the death, or whether it was a road traffic accident while on the job but away from workplace premises. However, while the details differ, the process of a fatal accident claim has a general structure that follows several key stages.
During an initial consultation , we'll talk about the fatal accident, how it took place and how it has affected your family. We’ll explain who can bring a claim on behalf of the deceased person, the time limits that apply and what to expect from a successful claim. This first conversation gives you the chance to ask questions about the claims process before deciding whether to go ahead.
We’ll investigate what caused the fatal accident and who was responsible. We’ll also gather evidence about the deceased’s earnings, finances and contribution to family life to calculate any dependency claim and other financial losses suffered. We’ll use the available evidence to establish the duty of care owed to the deceased and show that it was breached.
Once we have enough evidence, we’ll notify the defendant of the claim . This will involve sending a letter of claim setting out why we believe they were responsible for the fatal accident and giving them the opportunity to investigate. The defendant (or their insurer) can then admit liability, dispute the claim or ask for further evidence.
Where the other party accepts responsibility, we’ll work to agree how much compensation should be paid. This involves negotiations over financial loss, dependency, funeral costs and other parts of the fatal injury claim. If liability is established but the final settlement will take time to calculate, we can also consider seeking interim payments. These are advance payments of compensation to reduce the immediate financial burden while the rest of the claim continues. Alternatively, the other party may deny liability, in which case we will advise you on the appropriate next steps, which may include starting court proceedings.
Most fatal accident claims are settled through negotiation without a trial, but if liability or the amount of compensation remain disputed, court proceedings may be appropriate. Starting legal proceedings doesn’t mean your case will necessarily go to trial, as we will continue negotiations if possible, and many claims are resolved before any hearings take place.
If court proceedings go ahead, we’ll provide legal representation throughout and work to secure the compensation to which you are entitled.
When an agreement is reached and the claim is successful, the compensation will be paid to the appropriate claimant or claimants in accordance with the settlement. If several dependants are involved, the compensation awarded may be divided between them and cover several different types of losses and claims. We will arrange this and explain the agreement to keep things simple for you.
To get started, give us a call today on 0800 138 1379, or get in touch with us through our website to find out more about how we can help.
You can sometimes make a claim where a family member has died because of a negligent or wrongful act that would have allowed them to bring a personal injury claim if they had survived. In a workplace accident, this often means showing that an employer or another party breached a duty of care and that the breach caused or contributed to the fatal injuries.
Examples of circumstances in which you may be able to claim include where accidents were caused by:
An accidental death can result in a claim if someone else’s fault or negligence contributed to the death. Under the Fatal Accidents Act 1976 , an action will normally be brought by the executor or administrator of the deceased’s estate. If there is no executor or administrator, or they haven’t brought an action within six months of the death, one or more eligible dependants can bring the action instead. A dependant can include a husband, wife or civil partner, a qualifying cohabiting partner, a child and certain other relatives.
There is no fixed timeframe for settling accident at work claims . A claim where the defendant accepts responsibility early will generally conclude more quickly than a case where liability is disputed.
The length of the claims process can also be affected by parallel processes, such as any ongoing HSE investigations or the need for a coroner’s inquest. Fatal injury claims can take longer than some other types of claims because future financial losses must be calculated carefully before a final settlement can be agreed.
Where liability has been admitted, interim payments can provide financial support before the whole claim is settled, which can cover your immediate needs while we continue to pursue a fair settlement.
A claim doesn’t simply end because the injured family member has died. The deceased’s estate can continue relevant parts of the claim. If the death was caused by the injuries, eligible dependants may also have claims arising from the death. We can review any existing legal proceedings and advise on the next steps.
Responsibility for fatal injuries doesn’t always rest with an employer, but if someone else's negligence was to blame, you may still be able to make a claim against that party. Depending on the circumstances of an accident at work, this may be another contractor, an occupier, a machinery supplier or another business, and in some fatal accident claims, more than one defendant shares responsibility.
A claim can still be possible in these cases. If the deceased shared some responsibility for the accident, this may be considered under the principle of contributory negligence. Where this applies, the compensation awarded can be reduced to reflect the deceased’s share of responsibility.
A conditional fee agreement, commonly known as a no win, no fee agreement, allows families to pursue a fatal accident at work claim without paying their solicitor's fees upfront. If the claim is unsuccessful, they will generally not have to pay their solicitor's fees. If the claim succeeds, the solicitor may deduct an agreed success fee from the compensation awarded, subject to legal limits. Other potential costs and any insurance arrangements should be explained before the claim begins.
A coroner’s inquest examines the circumstances surrounding certain deaths, including fatal accidents at work. Evidence heard during the inquest can be important in later fatal accident claims. This can include medical evidence, witness accounts, workplace procedures and information from the Health and Safety Executive.
Our team can advise you about the relationship between the inquest and the compensation claim and provide legal representation where appropriate.
The experienced fatal accidents team at Switalskis specialises in representing families during difficult times. Our sensitive, considerate approach makes it easier to seek compensation after losing a loved one. Our service is based on the following promises:
Fatal accident claims can involve complex workplace investigations, inquests, financial evidence and several areas of law. We’ll explain each part of the legal process in plain English and cut through the complexity to provide what you need. You’ll know what stage your claim has reached, what we’re doing next and what information we need. If you have questions, our team will be available to answer them.
Following a fatal accident, legal proceedings won’t be the only issue your family is dealing with. We’ll handle as much of the claims process as we can and communicate with you in a way that works for you, to enable you to focus on your family. Our aim is to reduce the pressure that comes with handling fatal accident claims while making sure your case continues to move forward.
Our experienced team regularly deals with serious personal injury and fatal injury claims . We understand how to investigate workplace accidents, establish whether a duty of care was breached and assess the financial effects of a death. We’ll use the evidence to build the strongest claim available and seek a fair level of financial compensation.
If a family member has died because of someone else’s negligence, you have the right to seek answers to your questions and seek compensation. We’ll make sure your voice is heard throughout the legal process. Where responsibility is disputed, we’ll challenge the defendant’s position using the available evidence and provide the legal representation your family deserves.
If you have experienced a serious injury in an accident that wasn't your fault, compensation can offer key financial support during your recovery. Working with a personal injury lawyer from our specialist team will give you the best chance to maximise your compensation and your recovery.
To find out how much compensation you could be owed or to start the process of making a claim, call the serious injury team at Switalskis today on 0800 138 1379 or get in touch via the form on our website.