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Home > News > Widow Of Man In Fatal Accident At Work Receives Compensation

8th December 2008

Widow Of Man In Fatal Accident At Work Receives Compensation

The widow of a man crushed to death in a tragic accident at work, has received compensation for the loss of her husband.

Damages were claimed under the Law Reform Act and / or Fatal Accidents Act 1976 (amended by the Administration of Justice Act 1982). This allows that where the victims death is the result of a wrongful death, or negligence on the part of another, the dependants of the deceased may claim the compensation which would have been rightfully awarded to the deceased, had his accident not proved fatal.

Crushed To Death In Accident At Work

Our client’s husband was operating a hydraulic machine. It required the hydraulically operated boom to be lowered to carry out a crushing action. At the time of the accident at work, he was leaning over the controls when he accidentally pressed the lever, operating the crane and allowing it to fall on top of him. He became trapped between the boom and the machinery.

Because he was lying over the controls, it was not possible to release the control leaver and he sustained massive chest injuries. He died later in hospital.

His death was investigated by the Health and Safety Executive who found that he should not have been able to lean over the machinery in such a way as to put himself at risk. A guard has since been fitted to prevent a similar accident in the future.

Breaches Of Regulations

A claim for fatal injury compensation was brought on the basis that his employer had breached several regulations in allowing our client to work in an unsafe manner, work with unsafe equipment, had not adequately trained and instructed him in the use of such equipment, and that the control lever, which operated the boom, was not fitted with a guard. These regulations included:

Fatal Accident Compensation

The defendant, the deceased’s employer, admitted primary liability but during negotiations failed to offer an acceptable level of compensation. Our specialist personal injury solicitors, who have vast experience in dealing with serious injuries at work, including fatal injuries, had no alternative but to issue court proceedings. However, prior to the trial a six-figure sum was offered in compensation and our client accepted.

Injury At Work Compensation Claims

Clear Answers has extensive experience in all types of accident at work compensation claims, including serious accidents and fatal injuries. Whether an accident at work was due to negligence on the part of an employer, or some other cause, Clear Answers’ lawyers have teams of specialists waiting to help you, should you decide to instruct us to represent you in your accident claim.

If you select Clear Answers to represent you in your claim, we will be happy to provide you with expert legal advice, and our specialist personal injury lawyers will talk you through the claims process in plain English. They will be happy to answer any questions you may have regarding your claim.

If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, if you prefer to complete one of our online compensation claim forms, one of our representatives will contact you as quickly as possible

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