There are generally two reasons that you may be looking to find out whether you can make a work-based accident claim on someone else’s behalf. The first reason is that the other person has been involved in a fatal accident, and the second reason is that the person is mentally incapable of making a claim on their own behalf at this time.
In either situation, it is possible to make a work-based accident claim on someone else’s behalf. You can calculate compensation for an accident at work here.
Let’s go into this in greater detail:
Who can Make a Claim on Somebody else’s Behalf?
In the event of non-fatal accidents, then generally speaking the parent, legal guardian or spouse of a person can make a claim on their behalf. In cases where an accident is non-fatal, the person who wishes to pursue the claim will need written consent from the other party in order to proceed. There are other people who can make a claim:
- A friend who has lived with the claimant for more than 2 years;
- Grandchildren or grandparents.
The person acting on behalf of the claimant is called the ‘litigation friend’. The above people who can make a claim on somebody else’s behalf applies to fatal accidents as well.
Three Year Limit
You have three years from the victim’s date of limitation (the date their injury became clear) to make a claim on their behalf. Exceptions may apply if the person is mentally incapable of making a claim on their own accord, or if they have been treated under the Mental Health Act 1983. Legislation is strict with regard to this to speak to a specialist today to find out more about if this exception can be applied to your case.
Making a Claim on Behalf of the Deceased
If a loved one has died as a result of a workplace accident, we appreciate that financial compensation will not compensate your loss, although it can help you to recover the costs that have been incurred since the accident happened and ease your financial strains.
An important thing to remember with regard to making a claim on behalf of the deceased is that you can make a claim for any pain and suffering, physical or emotional. If death was immediate or consciousness was lost immediately and never regained, it’ll be hard to seek compensation because the deceased’s pain and suffering will have been minimal.
To find out more about making a claim on someone else’s behalf, talk to the experts at Accident Advice Helpline today.
You can reach them on 0800 689 0500 or from your mobile on 0333 500 0993.