Fatal accident at work claim: how UK families can claim

What happens after a fatal accident at work?

A fatal workplace accident will typically trigger several parallel processes: an employer's RIDDOR report to the HSE (required under RIDDOR 2013 for any work-related death), a police investigation where criminal conduct is suspected, and possibly an HSE enforcement investigation. A coroner's inquest is usually held to establish how, when and where the person died. These processes are separate from a civil compensation claim but the findings — particularly any HSE improvement or prohibition notices and the inquest's record of inquest — can support a civil claim.

Who can bring a fatal accident at work claim under the Fatal Accidents Act 1976?

The Fatal Accidents Act 1976 (as amended by the Administration of Justice Act 1982) defines who can claim. Eligible dependants include:

two years immediately before the death

• A spouse or civil partner
• A former spouse or civil partner
• A person who lived with the deceased as husband, wife or civil partner for at least
• A parent or other ascendant
• A child or other descendant
• A person treated by the deceased as a parent
• A sibling, aunt, uncle, niece or nephew

What is a dependency claim?

The dependency claim compensates those who were financially or non-financially dependent on the person who died. Financial dependency covers lost income, pension contributions, and financial support the deceased provided. Non-financial dependency covers the value of services the deceased provided — childcare, DIY, gardening, domestic tasks — calculated at replacement cost. The standard approach uses a multiplier/multiplicand method. The annual dependency (the multiplicand) is multiplied by a figure from the Ogden actuarial tables (the multiplier) to reflect the period of likely future dependency.

What is the bereavement award?

The bereavement award is a fixed statutory payment for non-financial grief and distress. As of May 2024 it stands at £15,120. Only the following can receive it:

The bereavement award is not available to cohabiting partners (however long the relationship), adult children, or parents of an adult child. This remains a frequently criticised limitation of the current law.

• A spouse or civil partner of the deceased
• The parents of an unmarried minor child
• The mother of an illegitimate child

What is an estate claim under the Law Reform (Miscellaneous Provisions) Act 1934?

The estate can claim for losses the deceased suffered between the accident and death — for example, pain and suffering during a period of survival, and any earnings lost in that period. The estate cannot claim for future loss of earnings the deceased would have earned had they survived — that is reserved for the dependency claim brought by dependants.

What are the other recoverable losses?

• Funeral expenses (reasonable costs)
• Travel to hospital or treatment
• Cost of administering the estate in connection with the death
• Any special care or adaptations incurred before death

What is the time limit for a fatal accident at work claim?

Three years from the date of death, or three years from the date of knowledge of the dependant, under the Limitation Act 1980. Where a coroner's inquest is pending, early legal advice is important because inquest findings can be useful evidence and the three-year clock does not pause for the inquest.

Does an HSE investigation affect the civil claim?

An HSE investigation is a regulatory process, not a civil one. The HSE can issue improvement notices, prohibition notices, or pursue prosecution under HSWA 1974. A successful prosecution does not automatically mean a civil claim succeeds, but evidence gathered by the HSE — including witness statements, site inspections and expert reports — may be disclosable in civil proceedings.

What if the employer denies responsibility?

A denial of liability is not uncommon in fatal accident cases. The Pre-Action Protocol for Personal Injury Claims and the EL/PL Protocol set out the process for exchanging evidence and responding to a letter of claim. If liability cannot be agreed, the case proceeds to court. The burden of proof in a civil claim is the balance of probabilities — lower than the criminal standard.