In this guide, we discuss the question ‘Can you claim for a fatal accident on a construction site on behalf of someone else?’. Firstly, we explain the legislation under which a claim could be made for the pain and suffering of the deceased as well as the impact the death has had on you.
We also discuss the eligibility criteria that need to be met for fatal accident claims to be valid, who could be liable for a fatal construction accident, and the evidence that could help substantiate a case. Later in our guide, we discuss how fatal accident compensation payouts are calculated and what they could comprise.
To finish our guide, we explain the advantages of working with a construction accident solicitor from our panel to start a construction accident claim on behalf of a deceased loved one. They offer their services under a No Win No Fee agreement which typically means no upfront fees or ongoing costs will be needed for their work.
If you have any other questions about accident at work claims, speak with our advisors now. They can offer free advice and provide further guidance about the process of making a claim online. To reach out, you can fill out our contact form and an advisor can get back to you at a time suitable for you.
Browse Our Guide
- Can You Claim For A Fatal Accident On A Construction Site On Behalf Of Someone Else?
- Who Is Liable For A Construction Site Accident?
- Evidence That Could Help A Fatal Construction Accident Claim
- How Is A Fatal Accident Compensation Amount Calculated?
- Can You Claim For A Fatal Accident On A Construction Site Using No Win No Fee Solicitors?
- Learn More About How To Claim Fatal Accident Compensation
Can You Claim For A Fatal Accident On A Construction Site On Behalf Of Someone Else?
The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased to claim for the pain and suffering experienced by the deceased prior to their death. The estate can also claim for any monetary losses the deceased suffered before their death. Furthermore, they can bring forward a claim on behalf of dependents of the deceased. For the first six months after the death, only the estate can make a fatal accident claim. They are also the only party able to claim for the deceased’s pain and suffering.
After 6 months, if no claim has been made, dependents of the deceased can bring forward their own claim for the impact the death has had on them under the Fatal Accidents Act 1976 (FAA). Section 1 of the FAA defines a dependent as:
- The current or former husband, wife, or civil partner of the deceased.
- Someone who was living in the same household as the deceased for at least two years before the date of death and was living during that period as a husband, wife, or civil partner of the deceased.
- Any parent or other ascendant of the deceased.
- Any child or other descendant of the deceased, or a person who was treated as a child by the deceased.
- The brother, sister, aunt, or uncle of the deceased.
- Nephews and nieces of the deceased.
Additionally, to claim for a fatal accident, there needs to be evidence that negligence occurred. This means showing that a third party owed a duty of care, they breached this duty of care, and this breach resulted in an employee suffering a fatal injury.
For further guidance on making a death at work claim, contact our team of advisors. They can offer further advice on the question ‘Can you claim for a fatal accident on a construction site?’.
Who Is Liable For A Construction Site Accident?
Employers owe a duty of care to their employees as described in the Health and Safety at Work etc. Act 1974 (HASAWA). It requires them to take reasonable and practicable steps to ensure employees are protected from harm at work and as they perform their duties.
Additionally, the Construction (Design and Management) Regulations 2015 was enacted to improve health and safety in the construction industry. Those responsible for construction sites must adhere to this legislation.
Construction sites often have several companies working alongside each other, including electric and scaffolding companies. Additionally, there may be a site manager and main contractor, if different from the employer. As such, many different parties may have owed your loved one a duty of care while they were working on a construction site. This means that it may not necessarily have been the employer who was liable for their fatal accident. So, who construction accident claims are directed against will depend on who was liable.
To discuss liability for construction site accident claims in more detail, please contact our team today.
Evidence That Could Help A Fatal Construction Accident Claim
The following pieces of evidence can help to substantiate a claim for a fatal accident on a construction site:
- Any CCTV from the construction site that shows the incident.
- A copy of the incident report from the accident at work book.
- Copies of medical records.
- A copy of the coroner’s report or death certificate.
- Photographs of the accident scene and any construction site injuries.
- Witness contact details from other construction workers who saw the building site accident.
An expert solicitor from our panel could assist you with claiming for a fatal construction accident on behalf of your loved one. As part of the services they offer, they can assist with gathering evidence and building a strong case.
For further guidance on how they can help and to discuss the question ‘Can you claim for a fatal accident on a construction site?’, get in touch with our team today.
How Is A Fatal Accident Compensation Amount Calculated?
After a successful fatal construction site accident claim, compensation can be awarded for the pain and suffering of the deceased under general damages, one of the heads of loss that can make up a personal injury settlement. Additionally, special damages can be awarded to cover the deceased’s financial losses incurred.
Those responsible for valuing the fatal accident claim can make reference to the guideline award brackets from the Judicial College Guidelines (JCG). They can also refer to other documentation, such as medical evidence.
Compensation Table
The table below contains figures from the JCG, apart from the top entry. You should use this table and the amounts included as a guide only. This is because each settlement for a successful building site accident claim is calculated on a case-by-case basis.
| Type of Injury | Severity | Compensation Award Bracket | Description |
|---|---|---|---|
| Death With Add-On Claims | Death | Up to £550,000 and above. | Compensation for the deceased's mental and physical pain and suffering as well as their financial losses. |
| Injury Resulting From Brain Damage | (a) Very Severe | £282,010 to £403,990 | Poor language function, double incontinence and the requirement for full-time nursing care. |
| Injuries Involving Paralysis | (a) Tetraplegia | £324,600 to £403,990 | Factors considered when determining the award include age and the presence of any respiratory issues. |
| Injuries Involving Paralysis | (b) Paraplegia | £219,070 to £284,260 | Age, life expectancy, and the psychological impact, for example, are considered when determining the award. |
| Death | (a) Full Awareness | £12,540 to £23,810 | Cases of full awareness for a brief period followed by fluctuating levels of consciousness for between 4 - 5 weeks. Death follows within a couple of weeks up to 3 months. |
What Other Forms Of Compensation Can Be awarded In A Fatal Workplace Accident Claim?
Certain qualifying relatives could claim a bereavement award of £15,120 under Section 1A of the Fatal Accidents Act 1976. Qualifying relatives include:
- A husband, wife, or civil partner of the deceased.
- The co-habiting partner of the deceased who was living with them for at least two years before the date of death as a wife, husband, or civil partner.
- The parents of the deceased (if the deceased was an unmarried minor).
- The mother of the deceased (if they were an unmarried minor born outside of wedlock).
Other forms of compensation that could be awarded include; funeral costs, such as the cost of a headstone; financial dependency payments, such as if a dependent of the deceased relied on them for income; loss of services, such as help with childcare and DIY around the house; and loss of consortium to cover the loss of companionship and other losses that cannot be quantified.
To find out ‘Can you claim for a fatal accident on a construction site?’ and ‘How much compensation could be awarded for a fatal accident claim?’, get in touch with an advisor.
Can You Claim For A Fatal Accident On A Construction Site Using No Win No Fee Solicitors?
When making a fatal construction injury claim on behalf of a loved one, you could seek legal representation to help you. The experienced personal injury solicitors from our panel have knowledge of helping eligible claimants seek fatal accident compensation. Additionally, they can offer their services via a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This typically means the following:
- You won’t pay any upfront costs for the personal injury solicitor to begin working on your claim, nor will you need to pay for their continued work as your claim progresses.
- Following an unsuccessful fatal accident compensation claim, you won’t pay for the work they have done.
- If the claim succeeds, you’ll pay a percentage of your compensation to the solicitor to cover their success fee. The percentage is subject to a legal cap ensuring the majority of the award is paid out.
For further guidance on making a work injury claim on behalf of a deceased loved one and how a solicitor could assist, please contact our team by filling out our online form.
Learn More About How To Claim Fatal Accident Compensation
For more of our guides:
- More information on fatal accident claims and when you could seek compensation on behalf of someone else.
- Read more on how to find quality personal injury solicitors in this guide.
- Learn about serious injury at work claims.
Also, these external resources may be useful:
- The Health and Safety Executive (HSE) offers work-related fatal injury statistics.
- Get help with bereavement and loss from the NHS.
- Information on applying for probate from the GOV.UK.
We hope this guide has answered the question ‘Can you claim for a fatal accident on a construction site?’. However, if you have any other further questions, contact our team using the number above.