Based on reporting by STV News, 7 October 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, a Fatal Accident Inquiry (FAI) is to be held into the death of a self-employed roofer in his 40s who suffered fatal injuries after falling from a property in Dumbarton in January 2024. The man died two days after the incident, and a preliminary hearing is due to take place at Glasgow Sheriff Court in November 2026.
As reported by STV News, the Procurator Fiscal leading on death investigations for the Crown Office and Procurator Fiscal Service confirmed that an FAI is mandatory in this case because the death occurred in the course of employment. The family is being kept informed as proceedings develop.
STV News notes that an FAI is inquisitorial in nature and is not designed to apportion blame. Its purpose is to establish the circumstances surrounding the death, determine its cause, and consider what steps, if any, might reduce the risk of similar deaths in future.
Workplace death claims in Scotland
When a worker dies in the course of their employment, Scots law provides a framework under which close relatives may be entitled to seek compensation. A Fatal Accident Inquiry does not determine civil liability, and its findings do not prevent a civil claim from being brought separately. The two processes are entirely distinct.
In incidents of this kind, liability in civil proceedings often rests with an employer, a contractor, a site operator, or another party responsible for the safety of the working environment, depending on the specific circumstances. In Scotland, employers have a general duty under the Health and Safety at Work etc. Act 1974 to ensure, so far as is reasonably practicable, the safety of those working for them. Where work at height is involved, the Work at Height Regulations 2005 are also relevant. These regulations place duties on employers and those who control work sites to ensure that appropriate measures are in place to prevent falls.
The position of self-employed workers can be more complex. Depending on the arrangements in place, a self-employed person may have had duties owed to them by another party, such as the person or company who engaged them, the owner of the property, or a principal contractor. Each case turns on its own facts, and it is important that relatives seek independent legal advice to understand who may have owed a duty of care.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a civil claim for personal injury or death must ordinarily be brought within three years of the date of death. In this case, that period runs from January 2024. While there is no need for relatives to act immediately, it is important to be aware of this deadline so that the right to bring a claim is not lost.
The court does retain a discretion to allow a claim to proceed after the three-year period in certain circumstances, but this is not guaranteed and should not be relied upon. Gathering evidence, identifying potential defenders, and understanding the findings of the FAI all take time, so it is sensible to seek advice well before the deadline approaches.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of another party's negligence or breach of duty may be entitled to claim compensation. This can include the following.
- Loss of support: Where the deceased provided financial support to family members, a claim can be made for the income or financial contribution they would have provided over their expected working life.
- Grief and loss of society: Scots law recognises the emotional impact of bereavement. Close relatives, including a spouse or partner, children, and parents, may be entitled to an award reflecting the distress, grief, and loss of the relationship they have suffered.
- Funeral costs: Reasonable funeral and burial expenses can be recovered as part of a claim.
- Services: Where the deceased performed unpaid tasks in the home, such as childcare or household maintenance, the cost of replacing those services may also be recoverable.
The amount recoverable depends on the individual circumstances of each case, including the nature of the relationship, the ages of those involved, and the financial dependency of surviving family members. There is no obligation on relatives to act quickly, beyond observing the three-year time limit. It is also worth noting that reputable solicitors handling these claims do so on a basis where fees are not deducted from any compensation received.
Frequently asked questions
Does the Fatal Accident Inquiry need to conclude before a civil claim can be started?
No. A civil compensation claim can be investigated and prepared while an FAI is ongoing. The findings of an FAI may be useful evidence in civil proceedings, but relatives do not need to wait for the inquiry to conclude before taking legal advice or beginning a claim. The three-year time limit applies regardless of any other proceedings.
Who can bring a claim following a workplace death in Scotland?
Under the Damages (Scotland) Act 2011, a defined group of close relatives is entitled to claim. This includes a spouse or civil partner, a cohabiting partner, children, and parents. The deceased's executor may also bring a claim on behalf of the estate. The precise entitlement depends on the relationship and the individual circumstances of each case.
Does it matter that the roofer was self-employed?
Self-employed status does not automatically prevent a compensation claim. If another party, such as a person or company who engaged the worker or controlled the site, owed a duty of care and that duty was breached, a claim may still be possible. The legal position for self-employed workers can be complex, and specialist advice is important.
What is the difference between a Fatal Accident Inquiry and a criminal investigation?
A Fatal Accident Inquiry is a civil, inquisitorial process conducted in the sheriff court. It is not a criminal proceeding and does not result in a conviction or finding of fault against any individual or organisation. Its purpose is to establish facts and consider preventive lessons. A criminal investigation by the police is a separate matter entirely.
How long does a compensation claim typically take to resolve?
The timescale varies considerably depending on the complexity of the case, the number of parties involved, and whether liability is disputed. Some claims are resolved within a year or two, while others, particularly those involving disputes about the cause of an accident or the extent of financial loss, can take longer. Relatives should be prepared for proceedings to extend over a period of time.
Based on reporting by STV News, 7 October 2026. All rights in the original report remain with the publisher.