Based on reporting by STV News, 11 September 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, an Aberdeen-based roofing company has been fined following the death of an employee who fell while carrying out work at a property in St Cyrus, a village near Montrose, in March 2024. The worker, a roofer, suffered a fatal head injury as a result of the fall.
STV News reports that the Health and Safety Executive investigated the incident and concluded that safety guidelines had been breached in a way that contributed to what happened. The director of the company is reported to have pleaded guilty to those breaches at Aberdeen Sheriff Court in July 2026 and received a fine, reduced from £20,000 to £15,050 in recognition of the early guilty plea.
The roofer's wife, who had been with her husband for around twelve years, described the loss as one she does not expect to ever fully come to terms with, and said the manner of his death was, in her view, completely avoidable. As reported by STV News, legal proceedings are now under way on behalf of the family in connection with a fatal accident claim.
Fatal accident claims in Scotland
When a person dies as a result of a workplace incident in Scotland, their close relatives may have the right to pursue a civil compensation claim, separate from and in addition to any criminal or regulatory proceedings. A fine imposed by a court following a health and safety prosecution does not compensate the family; it is a penalty paid to the state. A civil claim is how bereaved relatives seek financial recognition for the harm they have suffered.
Employers in Scotland have a duty of care to their workers under both common law and statute, including the Health and Safety at Work etc. Act 1974 and associated regulations. In incidents involving work at height, specific regulations govern the precautions that must be taken to protect workers. In cases of this kind, where regulatory breaches have already been established through criminal proceedings, liability in a subsequent civil claim can sometimes be more straightforward to demonstrate, though each case is assessed on its own facts and circumstances.
A civil claim of this nature is brought under the Damages (Scotland) Act 2011, which sets out who is entitled to make a claim and what heads of loss can be claimed for. The claim is made against the employer or, depending on the circumstances, other responsible parties such as a site owner or contractor.
Time limits
In Scotland, the general rule under the Prescription and Limitation (Scotland) Act 1973 is that a personal injury or fatal accident claim must be brought within three years of the date of death. For bereaved relatives, this three-year period typically runs from the date the person died rather than from any later date of knowledge.
While three years may seem a considerable period, gathering medical evidence, employment records, and other documentation takes time, and it is sensible not to leave matters until close to the deadline. There is no obligation to act immediately, and families should be allowed to grieve without feeling pressured, but taking early advice helps to ensure that nothing is lost and that the claim can be prepared properly.
In limited circumstances, a court may allow a claim to proceed outside the three-year period, but this is at the court's discretion and cannot be relied upon. The safest course is always to seek advice well within the time limit.
What compensation can cover
Under the Damages (Scotland) Act 2011, the relatives of a person who has died as a result of someone else's negligence or breach of duty may be entitled to several different heads of compensation.
- Loss of society and grief: This covers the emotional harm suffered by close relatives, including the grief, distress and loss of companionship that follows a bereavement. A spouse or civil partner, children, and parents are among those who may be entitled to claim under this head.
- Loss of financial support: Where the deceased contributed financially to the household, whether through wages, unpaid work in the home, or other means, dependants may be able to claim for the income or support they have lost as a result of the death.
- Funeral expenses: Reasonable costs associated with the funeral may be recovered as part of the claim.
- Executor's claim: The estate of the deceased may also have a right to claim for any loss of earnings or pain and suffering experienced between the time of the accident and the time of death, depending on the circumstances.
Every case is different, and the value of a claim depends on the particular facts, including the age and earnings of the person who died, the nature of the relationships involved, and the financial circumstances of those left behind. Compensation cannot undo what has happened, but it can provide a degree of financial stability for those who have lost a loved one and a primary source of support.
It is worth noting that, in fatal accident claims handled on a no win, no fee basis, fees are not deducted from the compensation received by the family.
Frequently asked questions
Who can make a claim after a fatal workplace accident in Scotland?
Under the Damages (Scotland) Act 2011, close relatives of the person who died are entitled to claim. This includes a spouse or civil partner, children, parents, siblings, and in some cases other family members who had a close relationship with the deceased. Each eligible relative may be entitled to a separate award reflecting their individual loss.
Does a criminal conviction or guilty plea help a civil claim?
It can do. Where an employer or director has pleaded guilty to health and safety breaches in criminal proceedings, that admission can be relevant in civil proceedings and may assist in establishing that a breach of duty occurred. However, the civil claim is a separate process and is assessed on its own evidence and legal standards.
Can a claim be made if the worker was partly responsible for the accident?
Possibly, yes. Scots law allows for a concept called contributory negligence, where any contribution by the injured person to the accident may reduce the overall award. However, this does not automatically bar a claim, and the primary responsibility for maintaining a safe working environment rests with the employer. Each situation is assessed individually.
How long does a fatal accident claim take to resolve?
This varies considerably depending on the complexity of the case, whether liability is admitted or disputed, and how straightforward it is to calculate the financial losses involved. Some claims are resolved within a year or two; others take longer. Where liability has been admitted in criminal proceedings, the process may be more focused on quantifying the losses suffered.
Is there a cost to the family for pursuing a claim?
Fatal accident claims in Scotland are commonly handled on a no win, no fee arrangement, which means the family does not pay legal fees if the claim is unsuccessful. Fees are not deducted from the compensation awarded to the family. It is always advisable to clarify the fee arrangement at the outset when seeking legal advice.
Based on reporting by STV News, 11 September 2026. All rights in the original report remain with the publisher.