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When an employee dies

 

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When an employee dies

The legal implications when an employee dies at work

The death of an employee at work is one of the most difficult issues an employer will ever have to deal with. A death in the workplace may occur as a result of:

  • an accident
  • industrial disease
  • violence
  • natural causes
  • stress-related causes

If an employee dies as a result of an accident at work, first call the emergency services. Do not move the body before they arrive.

You must also report the death immediately to the health and safety authorities - you can phone either your local authority or the Health and Safety Executive (HSE) Incident Contact Centre, or you can find your local HSE office contact details on the HSE website.

Within ten days you are also required to follow this up with a completed accident report form. Download the accident report form F2508 to report an injury or dangerous occurrence from the HSE website (PDF).

If an employee dies as a result of an accident at work within one year of the date of the accident, you must also notify the local authority or the HSE about this in writing as soon as it becomes known.

An investigation will then be carried out to determine the circumstances leading to their death.

As an employer, you have a duty of care to your employees. If an employee dies, you may be held responsible for the death if you failed to provide a safe working environment. Read about health and safety issues for small businesses on the HSE website.

Most employers are required to have Employer's Liability Insurance. This provides insurance against claims for compensation and legal costs if an employee dies or becomes ill or injured as a result of working for you.

A representative of an employee who has died, usually the executor of their estate, can bring a case against an employer on behalf of the employee.

 

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