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| Accidents At Work--- For Deceased |
| Introduction |
| Every employer is answerable for his employees’ safety. He has to make sure that his employees are secure and safe while working; that employees are proficient; that anything used by the employees is proper and safe; and that employees work in risk-free place.
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| If a person passed away/expired because of an accident that he had at work, and also you had a certain relationship with the person who died , you may have a claim against his employer. Normally, you must draft a claim within 3 years of the accident. However you may need to consult a solicitor in case the accident occurred more than 3 years before you drafted a claim.. |
| The Law Says, |
Employer’s duty is to provide for the safety of his employees and it covers a wider area of expertise.Generally speaking, your employer is likely to be liable:
(i) If the deceased were wounded/hurt/injured by another worker when he/she was at work and the accident occurred as your employer did not take enough precautions/care, did not ensure whether the workers were capable or not when recruited or if required supervision was not provided to the deceased and the other worker.
(ii) If the deceased was injured wounded/hurt/injured due to the way his/her job was done and the accident occurred as his/her employer did not have a ‘safe’ way of doing the work or the employer did not make an effort to see that the workers use the ‘safe’ system. His/Her employer may also be held liable if healthy and security training was not provided or adequate supervision or consideration of disability/inexperience in the deceased part was overlooked.
(iii) If the deceased was injured because of the equipment used by him to complete a job, that was not supervised by the employer when provided. His/her employer may also be held liable/responsible if he did not provide safe and exact information on how to use the equipment, additionally the employer did not take necessary and required steps to protect you from dangerous equipment, or did not maintain defect free tools.
(iv)If the deceased was injured wounded/hurt/injured when the deceased wes lifting, carrying or moving an equipment or similar tools/machines. For example, if the employer did not take required action to avoid the necessity for the deceased to lift the load or necessary steps to lift and there upon work with the equipment.
(v)If the deceased was injured because the hygienic conditions were not maintained up to the standard or his/her workplace, also the surroundings/environment was not clean or did not have enough lighting facilities and because of which the deceased tripped and fell on the floor or something fell on him/her.
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| In order to make successfully make a claim, you should highlight your employer’s actions or inactions which caused your injury . If in any case you would have suffered the injury irrespective of employers actions/inactions then the employer will not be held responsible.
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You will be able to get compensation, if you can somehow prove that the occupier was responsible for :
(i) Pain and suffering caused to the deceased.
(ii) The deceased lost earnings due to the death.
(iii) Funeral and medical expenses that you had to incur.
(iv) You also provided Care services to the deceased who died because of the injury.
(v) You were deprived of finances that is financial losses because of the death of the person (e.g. loss of his/her future wages, pension etc).
(vi) Bereavement (provided you fall within certain categories).
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You can only bring a claim on behalf of the person, who died, and for losses which you undergo as a consequence of his/her death, if you fall within the groups mentioned below, and also you satisfy a number of other clauses. The categories of persons who can claim are:
(i) You are the personal representative of the person who died.
(ii) You being wife/husband (spouse) or a former wife/husband of the deceased.
(iii)You are the Person who was living as husband and wife with the deceased (But you should have been living with him/her for a period of 2 years before she/he died).
(iv) You were either the parent or the grandparent of the person who died or even if you were treated as his/her parent.
(v) You are the child of the person who died (you can be an adopted child), or grandchild or even great-grandson/daughter , or a child of a spouse of the deceased whom the deceased treated as his/her child.
(vi) You can also claim if you were a brother, half-brother or step-brother, sister, half-sister or step-sister, uncle/aunty. |
You may be able to recover interest on your compensation. But, your compensation will be reduced if:
(i) The deceased was partially cause of his/her injuries, e.g. if he/she did not take enough care for his/her safety or he/she failed to comply with certain legal safety obligations.
(ii) He/She received state reimbursement that paid for the damages due to the deceased loss of wages, pension.
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