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Home > News > Fatal work accident compensation for tanker driver

15th February 2010

Fatal work accident compensation for tanker driver

In 2007, Mr Bell, our client’s husband, was injured at work when he fell from the top of a tanker. He was required to clean the tanker but had to do so without the benefit of a gantry. The provision of a gantry is normal practice throughout the haulage industry, and would have provided Mr Bell with a solid and safe raised platform on which to stand whilst cleaning the tanker. Such a gantry was provided by the defendant following Mr Bell’s fatal accident.

Extensive work accident injuries

Mr Bell’s injuries were so serious, including a severe brain injury and breaks to his upper limbs, that he was taken by air ambulance to hospital. Mr Bell fell into a coma and died as a result of his work accident injuries some two months later.

Breach of Work at Height Regulations

Despite the breach of the Work at Height Regulations 2005 (amongst others) the Inquest returned a verdict of accidental death. The fatality was also investigated by the HSE (Health & Safety Executive) who decided not to prosecute.

A just claim for fatal accident compensation

Our client, Mr Bell’s widow, supported by our specialist work accident lawyers, felt that there was nevertheless a just claim for accident compensation, and a need to ensure this type of avoidable accident did not happen to someone else’s family.

The defendant in this work accident compensation claim, the employer, initially co-operated with our lawyers, but this was subsequently withdrawn and previously willing witnesses became reluctant to proceed.

Mr Bell had been almost 65 when he died, but had been a very fit man and had intended to work until 70 in order to continue to provide for his family. During our claim for accident compensation, the defendant had argued that had Mr Bell lived, they would have made him redundant, given the current economic climate.

Fatal work accident compensation

Following admission of primary liability by the defendant, our specialist accident at work lawyers issued court proceedings. However, before the trial date, the defendant made an offer to settle, which was rejected by our client. We continued to hold firm and were able to increase the offer substantially and our client eventually received £125,000 in fatal accident compensation. Part of this sum was in recognition of loss of future financial support to his dependants, up to the deceased’s 70th birthday.

Making a fatal accident compensation claim

Clear Answers' solicitors will be happy to provide you with expert legal advice, and our specialist accident compensation lawyers will talk you through the claims process in plain English. They will be happy to answer any questions you may have regarding your fatal accident compensation claim.

If you or a family member has been injured through the negligence of others, 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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