Am I entitled manure pit accident compensation if my husband died while working in a slurry pit due to asphyxiation?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

Am I entitled manure pit accident compensation if my husband died while working in a slurry pit due to asphyxiation?

Answer:

Fatal accidents in slurry pits are a tragic event, and manure pit accident compensation has to account for the sad loss of a family member and the support that he or she would have provided for their family for the rest of their lives. However, before a claim for manure pit accident compensation can be made, it is advised that you wait for the inevitable investigation into your husband´s fatal accident to ascertain how his death occurred and to ensure that it was attributable to negligence.

Without pre-empting what the investigating authorities might determine, you will be eligible to make a claim for manure pit accident compensation if it is discovered that appropriate safety checks were not made before your husband entered the slurry pit. These safety checks should have included testing for an oxygen-deficient atmosphere and ensuring that there was audio and visual communication at all times with somebody above ground who was supervising the task your husband was working on.

Although it is recommended that a claim for slurry pit accident compensation is delayed until such time as the results of the investigation are known, you should still contact a personal injury solicitor at the first possible opportunity. Once your husband´s employer reports the fatal manure pit accident to his insurance company, you may be approached by his insurers with an offer of slurry pit accident compensation in return for an early settlement.

Even though your husband´s employer may be genuinely distressed that his failure to provide your husband with a safe environment in which to work proved to be a fatal error, to the insurance company the payment of compensation for a manure pit accident is a financial transaction and you may be “encouraged” into accepting an amount of manure pit accident compensation which is inappropriate to your loss.

By discussing with a solicitor how much compensation for a manure pit accident you may be entitled to receive – subject to the investigation finding your husband´s employer guilty of negligence – you can avoid the scenario whereby you are undercompensated for your loss, and ensure that you receive a fair and adequate settlement of manure pit accident compensation.