My husband was killed in an accident on a farm which I do not believe was his fault. Is it possible to initiate a compensation claim for a death while working on a farm?
Initiating a compensation claim for a death while working on a farm is a situation in which no person wishes to find themselves, but sometimes it is necessary. Pursuing such a claim can be emotionally traumatic, but if your husband died in an accident for which he was not to blame you may be entitled to compensation. After any fatal accident which occurred on a farm, the police and the Health and Safety Executive will perform an investigation of the accident and death. There is the possibility that an employer can be found to be negligent in the death of a person on a farm.
The Fatal Accident Act 1976 takes wrongful farm deaths into account, and may help ensure that those close to the deceased do not have to suffer financially because of the accidental death of a loved one. To initiate a compensation claim for a farm death, third party negligence must have played a role. This can be negligence on account of the employer, farm owner or (if necessary) the manufacturer of any equipment responsible for the death of a loved one.
A claim for a death while working on a farm can be made by three parties: the estate of the deceased, their close relatives or the dependants of the deceased – which can include their children, spouse, parents, siblings or any other close relative. A post mortem examination will be performed in order to establish the cause of death, and while this will assist a claim it will not be enough. Evidence of negligence will still be required, as will proof that the claimants actually were dependent upon the deceased for monetary support.
There is no doubt that a compensation claim for a death while working on a farm can be emotionally difficult, and the complex structure of handling such a claim can be highly stressful for a claimant. For this reason it is highly recommended that a lawyer experienced with handling such cases is contacted at the earliest opportunity. This way it can be ensured that any claim for a death while working on a farm is handled with great care and result in the maximum possible compensation for the bereaved. This will also ease the burden upon the claimant and ensure the best possible outcome under difficult circumstances.