Based on reporting by BBC News, 19 October 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a fatal accident inquiry (FAI) is to be held into the death of a farmhand in his mid-sixties who died in November 2024 after sustaining fatal injuries at a storage shed at Birkenwood Farm, near Kippen in Stirlingshire. A preliminary hearing is scheduled to take place at Stirling Sheriff Court in December 2026.
As reported by BBC News, a representative of the Crown Office and Procurator Fiscal Service confirmed that, because the death occurred during the course of employment, an FAI is mandatory in these circumstances. The inquiry will seek to establish the cause and circumstances of the death and to consider whether any reasonable precautions could have been taken. BBC News notes that FAIs are designed to establish facts rather than to apportion blame.
The farmhand's family is being kept informed of developments as court proceedings progress, according to the Crown Office and Procurator Fiscal Service.
Workplace death claims in Scotland
When a person dies in the course of their employment, Scottish law provides a framework through which close relatives may seek compensation. A fatal accident inquiry, while not a civil court process, can produce findings that are relevant to any subsequent civil claim. The inquiry's conclusions about the circumstances of the death, and whether precautions were available, may assist a family in understanding what happened.
In incidents of this kind, liability in a civil claim often rests with an employer, a site occupier, or another party with responsibility for health and safety at the location. Employers in Scotland have a general duty of care to their workers under both common law and statutory frameworks, including the Health and Safety at Work etc. Act 1974. Where that duty is found to have been breached and the breach caused the death, a civil claim for damages may follow. It is important to note that a civil claim is separate from the FAI process and involves different legal tests.
Families are under no obligation to pursue a claim, and many find it helpful to wait until the FAI has concluded before making decisions about next steps. Taking early advice from a personal injury solicitor does not commit a family to any particular course of action.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, the general time limit for bringing a personal injury or fatal claim in Scotland is three years. In a fatal case, that period typically runs from the date of death, though the precise start date can depend on the circumstances. It is therefore advisable for families to seek legal advice well before the three-year period expires, even if they choose not to proceed immediately.
There is limited scope for courts to exercise discretion in extending this period, but such extensions are not guaranteed. Waiting until an FAI has concluded is often sensible, provided sufficient time remains within the three-year window. A solicitor can advise on the specific position once the relevant facts are known.
What compensation can cover
Where a civil claim succeeds following a workplace death, the Damages (Scotland) Act 2011 sets out the categories of loss that close relatives and the deceased's estate may recover. These can include:
- Loss of support, covering financial contributions the deceased made to the household, including earnings, pension entitlements, and practical services such as childcare or home maintenance.
- Funeral costs reasonably incurred by the family.
- Grief and distress, sometimes referred to as loss of society, which reflects the emotional impact of bereavement on immediate family members including a spouse or civil partner, children, and parents.
- Any losses sustained by the deceased's estate between the date of the incident and the date of death, where a period of survival occurred.
Compensation in fatal cases is assessed carefully and individually. Amounts are not arbitrary; they are calculated by reference to the actual financial and personal impact on those left behind. Solicitors handling such cases in Scotland typically operate on a no-win, no-fee basis, and any fees are not deducted from the compensation awarded to the family.
Frequently asked questions
Does the family need to wait for the fatal accident inquiry to finish before making a claim?
Not necessarily. A civil claim can be raised independently of an FAI. However, many families find it useful to await the inquiry's findings, as these can shed light on the circumstances of the death. Provided the three-year time limit is observed, there is generally no disadvantage to waiting for the inquiry to conclude before commencing civil proceedings.
Who can make a claim following a workplace death in Scotland?
Under the Damages (Scotland) Act 2011, a defined group of close relatives is entitled to make a claim. This includes a spouse or civil partner, children, and parents of the deceased. In some circumstances, other relatives who were financially dependent on the deceased may also have a basis to claim. A solicitor can advise on the specific position for each family member.
Does a fatal accident inquiry decide who is legally responsible?
No. An FAI is not a court of civil or criminal liability. Its purpose is to establish the facts surrounding the death, including cause, circumstances, and whether precautions could have prevented it. Any findings made by the sheriff at an FAI do not automatically determine the outcome of a civil compensation claim, though they may be relevant to it.
What if the employer has since ceased trading or been taken over?
In many cases, employers carry employer's liability insurance, which is a legal requirement in the United Kingdom. A claim may be made against the insurer even if the employer no longer trades. Tracing insurers can sometimes be complex, but solicitors experienced in workplace fatality claims are familiar with this process and can assist families in identifying the appropriate route.
How long does a fatal compensation claim typically take in Scotland?
The duration of a fatal claim varies considerably depending on the complexity of the case, whether liability is disputed, and the extent of the financial losses involved. Some cases settle within one to two years; others, particularly those involving disputed liability or complex financial calculations, may take longer. Families are usually kept informed of progress at each stage by their solicitor.
Based on reporting by BBC News, 19 October 2026. All rights in the original report remain with the publisher.