My friends have told me I should claim compensation for death in a factory against my husband’s employer. What do I need to do? Should I make an accidental death compensation claim immediately?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
At a time when you are coming to terms with the loss of your husband in the factory accident, making a claim for compensation for death in a factory is no doubt the last thing that you want to have to deal with. Although nothing will bring back your husband and make up for your loss, it is important to make a claim for compensation for death in a factory to ensure that you and your family are not made to suffer financially due to the factory accident which took your husband from you.
A claim for compensation for death in a factory will need to be made through the Injuries Board; however it is strongly advisable to use the services of a personal injury solicitor to pursue the compensation for a factory death on your behalf. Fighting for a fair compensation settlement can be stressful at the best of times, and at a time when you are grieving for a loved one having a solicitor to deal with the legal processes is strongly recommended.
The circumstances of the death in a factory will need to be investigated by the Health and Safety Authority and the Gardai before a claim for a factory death can be made to the Injuries Board. The Gardai will need to establish whether there has been criminal negligence and if the employer or factory owner will be subject to criminal prosecution. There will also need to be a coroner’s inquest before a claim for compensation for death in a factory can be made.
Depending on the outcome of the inquest into your husband’s death, it may be determined that your husband played a role in the accident and contributed to his cause of death, or that there was more than one negligent party involved in the accident; such as your husband’s employer as well as the factory owner. Whenever there is contributory negligence, either that of the accident victim or when there is more than one negligent third party involved, the Injuries Board will reject the assessment and will authorise litigation through the courts. The courts will then decide the outcome of the claim and the extent to which each party was responsible. A personal solicitor will need to be engaged to pursue any claim for compensation for death in a factory which needs to be decided through the Irish courts.
A claim for compensation for death in a factory can be stressful and is invariably more complicated than a standard personal injury claim, and the assistance of a personal injury solicitor can make the process must easier to deal with. You do not have to make a claim for accidental death compensation immediately, as under the Statute of Limitations in Ireland you have up to two years to make a claim. However should at least speak with a personal injury solicitor soon to discuss your case and to receive impartial and practical advice about recovering compensation for a death in a factory for the loss of your husband.