Couple Marry in Hospital Before Man Dies From Work Accident

A tragic incident resulted in childhood sweethearts marrying at hospital bedside, four days before he died, after a work accident left him brain-damaged.

The worker got his arm caught in a conveyor belt while he was working on a newly-installed tyre shredding machine. This resulted in pressure being put on his neck crushing the main artery. Colleagues of the worker attempted CPR while waiting for paramedics, but he had already been without oxygen for too long when they arrived. He was rushed to Southmead Intensive Care Unit in Bristol where he was left with devastating brain damage, with no chance of recovery.

Unfortunately when doctors advised that the worker would not wake up, his fiancé and mother made the decision to turn off his life support and he died two days later. The accident is being investigated by police and the Health and Safety Executive.

Can legal action be taken?

Just because a loved one has passed away, a claim may still be brought on their behalf by their dependants. Under the Fatal Accident Act 1976, dependants of the deceased are entitled to make a claim for compensation, if the accident was a result of somebody else’s error or negligence.

Under this act, a dependant is defined as:

• A spouse.
• A person who had been cohabiting with the deceased as husband or wife or as a civil partner for at least two years prior to the death.
• Blood children and other descendants, including adopted children and children through marriage or civil partnership.
• Parents or ascendants including grandparents, great grandparents and those treated by the deceased as a parent.
• Brothers, sisters, cousins, uncles, aunts, nieces and nephews.

There are three types of commission that can be claimed for a fatal injury:

• A Bereavement Award – This is a fixed amount set by Statute and is currently £12,890.00. This is separate from the amount you are entitled to claim as dependant compensation.
• Dependency – If you relied on the deceased for financial support you can make a dependency claim. The amount will vary depending on the deceased’s income.
• Loss of Services – You can also claim compensation for the loss of services that the deceased provided such as childcare, housework, gardening and other DIY chores.
• Funeral Expenses – The cost of a funeral can be claimed.

We know that dealing with claims on behalf of a loved one that has passed away is going to be extremely difficult and the last thing on your mind, this is why Oakwood Solicitors are here to help. You have three years from the date of death to pursue a claim. Speak to us today and we can help assist and take some of the burden off your shoulders.

WHAT TO DO NEXT

For further advice about this somewhat unpleasant subject, or for any other query you may have – get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.