Based on reporting by BBC News, 11 September 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a roofer in his early 30s died after falling from a roof edge at a residential property in St Cyrus, Aberdeenshire, in March 2024. The man had been carrying out skylight removal work at the time. He later died from the injuries he sustained in the fall.
BBC News reports that a roofing contractor, trading as a Stonehaven-based business, admitted health and safety failings at Aberdeen Sheriff Court and was fined in excess of £15,000, including a victim surcharge. The case was investigated by the Health and Safety Executive, which brought the prosecution.
The man's widow, described as having been his partner for around twelve years and wife for five, said in a statement reported by BBC News that his death was "completely avoidable" and that the family had been robbed of a future with someone they utterly adored. She added that, while she could not feel glad about anything surrounding the case, she believed it was right that justice had been done.
Fatal accident at work claims in Scotland
When a worker dies as a result of an accident at their workplace, close relatives in Scotland may be entitled to seek civil compensation entirely separately from any criminal or regulatory proceedings. A prosecution by the Health and Safety Executive, and any fine imposed by a court, is a matter of public law. Civil compensation is a private matter brought on behalf of the deceased's estate and qualifying relatives under the Damages (Scotland) Act 2011.
In incidents of this kind, liability in a civil claim often rests with the employer or the person responsible for managing the site and the workers on it. Employers in Scotland 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 their employees. Specific regulations, including the Work at Height Regulations 2005, set out detailed requirements for planning and supervising work carried out at height, and for providing suitable equipment to prevent falls.
A guilty plea or conviction in criminal proceedings does not automatically establish civil liability, but it can be highly relevant evidence in any subsequent compensation claim. Each civil case is assessed on its own facts and circumstances.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a civil compensation claim arising from a personal injury or death must generally be brought within three years. In a fatal case, that three-year period typically runs from the date of death.
There are limited circumstances in which a court may exercise discretion to allow a claim to proceed outside the three-year window, but this cannot be relied upon. Families are encouraged to seek legal advice well within the time limit so that evidence can be gathered and preserved effectively. There is no obligation to act immediately after a bereavement, but it is sensible to be aware that the deadline exists.
What compensation can cover
Under the Damages (Scotland) Act 2011, qualifying relatives of a person who has died as a result of another party's fault may be entitled to a number of heads of compensation. These can include:
- Loss of support: financial losses suffered by dependants who relied on the deceased's income or practical contributions to the household.
- Funeral costs: reasonable expenses associated with the funeral and burial or cremation.
- Grief and loss of society: a sum recognised in Scots law to reflect the distress, grief, and loss of the deceased's companionship and care. This is sometimes called a "loss of society" award and is available to a defined class of relatives including a spouse or civil partner and children.
- The deceased's own solatium: where the person survived for a period after the accident, their estate may also pursue a claim for the pain and suffering they experienced before death.
The amounts awarded in fatal cases vary considerably depending on the individual circumstances, the age of the deceased, the financial dependency of surviving relatives, and other factors. Awards are intended to be fair and proportionate, not punitive.
It is also worth noting that any fees payable to a solicitor are not deducted from the compensation itself in cases funded by a conditional fee arrangement, meaning the sum awarded goes to the family in full.
Frequently asked questions
Can a family member bring a civil claim even though the employer has already been prosecuted?
Yes. Criminal proceedings brought by the Health and Safety Executive and a civil compensation claim are entirely separate processes. A conviction or guilty plea in the criminal case does not prevent a family from also pursuing civil compensation through the courts. The two routes serve different purposes and operate independently of one another.
Who can make a claim following a workplace death in Scotland?
Under the Damages (Scotland) Act 2011, a defined group of close relatives are entitled to make a claim. This includes a spouse or civil partner, children, and parents of the deceased. The deceased's estate can also bring a claim for losses suffered before death, such as pain and suffering in the period between the accident and death.
Does a civil claim have to wait until the criminal case is concluded?
Not necessarily. A civil claim can proceed at any time, though it is common in practice to wait until criminal proceedings are resolved, as their outcome may provide useful evidence. Legal advisers can explain the timing considerations in any particular case. The three-year time limit still applies regardless of when criminal proceedings conclude.
What evidence is typically needed to support a fatal workplace accident claim?
Useful evidence can include the Health and Safety Executive's investigation findings, the employer's risk assessments and method statements, photographs of the site, witness accounts, medical and post-mortem records, and financial records showing the deceased's earnings and the family's dependency on them. A solicitor can advise on what is needed in a specific case.
How long does a civil compensation claim of this kind typically take in Scotland?
The timescale varies depending on the complexity of the case and whether liability is disputed. Some claims are resolved through negotiation without going to court, while others require litigation. Families should expect a process that may take anywhere from several months to a few years, and a solicitor can provide a more specific indication once the circumstances are known.
Based on reporting by BBC News, 11 September 2026. All rights in the original report remain with the publisher.