The Deceased was working as a seating erector at the time of the accident.
On the date of the accident the Deceased was working at over 3m height when he fell from the rigging and landed on his head. The deceased was wearing a helmet at the time of accident however it was determined not fit for purpose and fell off on his decent.
The Deceased was taken to hospital with head injurers but unfortunately died 5 days later.
A claim was brought on behalf of the Deceased’s partner and two daughters. The claim had numerous complexities including whether the partner was classed as a dependent as defined in in section 1(3)(b) Fatal Accidents Act 1976; whether one of the daughters was financially supported by the Deceased as she lived with her mother and stepfather and what the earning capacity of the Deceased was as he had been in and out of prison and did not have a steady work history.
An award of £85,000 was obtained for the partner and the two daughters.