Fatal accidents at work: navigating loss and the legal landscape
Beatrice Baskett is a barrister at St John’s Chambers, specialising in clinical negligence, personal injury and inquests. In this article she explains what happens when there’s a fatal accident at work and the processes which follow to understand what happened.
Families bereaved by the death of a loved one, following a fatal accident at work, often face not only profound emotional loss, but also the challenges of navigating a complex legal landscape. Alongside coming to terms with the circumstances of the death, there will typically be an inquest and the decision of whether to pursue a civil claim. This article explains what may constitute a workplace fatal accident, the role of the inquest, when a claim may arise and how legal advice can help secure financial compensation, establish accountability and instigate changes to workplace safety.
What is a workplace fatal accident?
Broadly speaking, workplace fatal accidents consider situations where an individual dies of a work-related injury during the course of their employment. The Health and Safety Executive (‘HSE’), the public body responsible for the regulation and enforcement of workplace health, safety and welfare, have confirmed that in 2024/2025 the construction and agriculture, forestry and fishing sectors continue to account for the greatest number of workers killed in fatal accidents each year.
Statistics consistently show that a significant proportion of fatal accidents include falls from height, being struck by moving objects and incidents involving vehicles or machinery. Whilst there has been a general downward trend in fatalities over time, within 2024/2025, 124 workers are reported to have died. The reality of such statistics is that nearly every three days a family in Great Britain is faced with navigating the death of a loved one in these circumstances.
Investigating a death in the workplace and the inquest process
Naturally some of the first questions a family may have is wanting to understand what happened, how this was allowed to occur and whether it was preventable. Whilst the workplace may undertake their own internal investigation, there are other mechanisms by which families can seek answers to these questions. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, employers must promptly report work-related fatal accidents to the relevant enforcing authority, and this may result in the HSE instigating a formal investigation.
The Coroner’s Court also has a duty to investigate deaths in certain circumstances, for example when the death was violent and unnatural; such as a workplace fatal accident. This is done through holding an inquest. The Coroner is tasked with answering four questions through the inquest process: who the Deceased was, when the Deceased died, where the Deceased died and how they came by their death.
Legal advice at this stage may include assisting in the preparation of the inquest, considering what evidence should be requested, how evidence ought to be preserved and which witnesses should be called to answer questions in person at the hearing. Inquest proceedings will often provide an opportunity to ask direct questions to those closely involved in the workplace and decisions that led to the fatal accident.
Bringing a claim after a death in the workplace
Often alongside the inquest or following the inquest, consideration may be given to pursuing a civil claim. In these proceedings, the key question is whether the employer failed to take reasonable steps to keep the individual safe at work and whether they breached their duty of care. There is a legislative framework, through the Health and Safety at Work Act 1974 and various workplace regulations, which is intended to confirm the obligations on employers and expectations to secure safe working environments. Although the factual circumstances of each fatal accident may vary widely and comparison between the obligations within the legislation and the circumstances of the death will need to be considered, there are several recurring features to consider as part of any prospective claim:
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Safe systems of work and safe environment:
This may include consideration of the expectations and the systems and equipment which individuals are given to fulfil their duties. Employers are required to organise work in a way that minimises risk so far as reasonably practicable including proper planning, procedures and oversight. When considering the safety of the environment, questions may be asked surrounding working hours, layout, signage, access, workwear, Personal Protective Equipment (‘PPE’), location of machinery, and the management of hazards.
A common concern for families may be whether their loved one contributed to the accident and whether this may prohibit any claim. This does not automatically prevent a claim. It is often necessary to consider whether unsafe practices were known or effectively permitted by the employer. Working practices may be adopted because employees are put into situations they never should have been put into.
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Risk assessments:
There is a requirement for employers to anticipate risks and this may present another avenue for the basis of a claim. Consideration will often need to be given to what risks were identified, any control measures devised and whether risks were reduced entirely or to a reasonably practicable level. Employers may fail to derive suitable or sufficient risk assessments or may have a system within the paperwork which has not been implemented either adequately or at all.
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Training and supervision:
At work there is an expectation that training will be provided, it will be reviewed and refreshed periodically, supervision will be available and individuals will not be asked to complete tasks outside of their competence levels. Things can go wrong when individuals are not provided with the resources or skills needed to navigate safely their working environment.
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Equipment failures and maintenance issues:
The sector which accounts for the highest number of fatalities, the construction and agricultural industry, has inherent risks due to the machinery and equipment used. Errors can occur when equipment is not kept in a proper working order, is not maintained, malfunctions or not used for its intended purpose. The individuals working on and using the machinery may not know, and indeed may not be expected to know, when machinery was last serviced or whether regular maintenance regimes are in operation, but this will often be information requested as part of the legal process. There will also be occasions when experts, for example mechanical engineers, can inspect machinery (if steps have been taken to preserve the relevant equipment) or provide their expert opinions on what likely happened at the time of the fatal accident. This is a particularly important consideration in circumstances where the individual is sadly deceased and unable to explain what happened.
There is an obligation on employers to maintain insurance to cover liability for employee death, ensuring that successful claims should result in actual compensation. Financial compensation may be sought on behalf of the Deceased’s estate for their pain and suffering and expenses incurred. Distinctly, compensation may also be sought for the dependant family members needing to navigate life without their loved one. Family members may often question how a sum of money can ever do justice to or adequately represent the loss they have experienced, and compensation can consider in specific circumstances: bereavement, financial dependency (and the absence of the deceased’s earnings or pension contribution as part of the household income) and also the services that the Deceased may have provided to those in their life (from childcare, to domestic tasks, to other contributions).
Whilst financial compensation is a crucial element to any claim, it is rarely the sole motivation. It is hoped that both the inquest and the civil claim will provide answers, a degree of closure, financial stability and accountability. Both legal processes provide avenues within which questions can be asked or disclosure sought to ascertain whether working practices have since changed, as an incident provides an opportunity for reflection and change to unsafe working practices. Obtaining legal advice can help in what is often an overwhelming situation, provide assistance in obtaining the necessary evidence and navigating the distinct legal processes.
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