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Claims for a Fatal Accident in a Factory

Can you tell me how long it takes for claims for a fatal accident in a factory to be resolved, and how much compensation I am likely to be able to claim for the death of my husband?

Before claims for a fatal accident in a factory can be filed it is necessary to wait for the outcome of the HSE investigation into the cause of the accident. When a worker is fatally injured in an accident at work, the HSE will conduct an investigation to determine how the accident occurred to determine the person responsible for the accident.

The HSE will establish whether your husband was personally responsible for the accident, if the accident was caused by the negligence of his employer or a combination of the two. Provided that your husband was not primarily to blame for the accident, it will be possible to make a claim for compensation.

If the investigation attributes part of the blame to the actions your husband took prior to the accident, it will still be possible to claim compensation although the damages that can be claimed will be reduced to take the contributory negligence of your husband into account.

Unfortunately we are not in a position to be able to tell you how much compensation for a fatal factory accident can be claimed. In order to find out the damages that can be claimed you must speak with a personal injury solicitor, although until the HSE has completed its investigation it will not be possible for a solicitor to tell you exactly how much compensation can be recovered.

If liability for the accident is attributed to your husband’s employer, you will be entitled to make two or three claims for a fatal accident in a factory depending on the nature of the accident and injury. If your husband survived the accident but died from his injuries you will be able to claim for the pain and suffering he experienced. This is often referred to as the victim’s claim; a claim made on behalf of the victim of an accident.

A dependents’ claim is independent to the victim’s claim and can be made to cover the loss of financial support provided by your husband. The calculation of compensation amounts will be based on your husband’s salary and will be awarded based on your husband’s probable life expectancy were it not for the accident. A proportion of your husband’s salary would have been spent by your husband, so you will not receive your full husband’s salary as compensation.

A separate claim for a fatal injury in a factory can also be made for bereavement. This will be covered by the insurance company that provided the insurance policy to your husband’s employer.

If you are contacted by an insurance company and are offered compensation for the death of your husband it is important that you do not accept the offer without first seeking legal advice. If the insurance company is liable to pay compensation, it may make an early offer of settlement directly to you. This offer would not be for your full entitlement to compensation for a fatal factory accident, as in exchange for quick payment of compensation and not having to make a claim for a fatal injury in a factory the compensation amounts offered are likely to be lower.
You should only make the decision to accept an offer – should this be made to you – after you have spoken to a solicitor as it may be possible to make claims for a fatal accident in a factory to obtain a more appropriate compensation settlement.