Based on reporting by Daily Record, 11 September 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, a roofer died in March 2024 after falling from a property in St Cyrus, Angus. The man sustained a fatal head injury during the incident. An investigation by the Health and Safety Executive reportedly found that his employer had breached health and safety guidelines in connection with the incident.
As reported by the Daily Record, the director of the roofing company involved pleaded guilty to the relevant breaches at Aberdeen Sheriff Court in July 2026. In September 2026 the director was fined, with the penalty reduced following the early guilty plea. The deceased man's wife spoke publicly after the court proceedings, describing the loss as something that had robbed her and both families of a future with a man they adored, and describing the accident as completely avoidable.
The Daily Record reports that the wife expressed that, while she felt it was right that justice had been done, she could not say she was glad about any part of the process, and that she now sought peace and privacy as she looked to move forward.
Fatal accident at work claims in Scotland
When a worker loses their life in a workplace accident, their close relatives may have the right to pursue a civil compensation claim entirely separate from any criminal prosecution or fine. A criminal conviction, while significant, does not automatically resolve the question of civil liability, and a fine paid to the court does not go to the bereaved family.
In Scotland, employers have a duty of care towards their workers under both common law and statute, including the Health and Safety at Work etc. Act 1974 and associated regulations. Where work is carried out at height, the Work at Height Regulations 2005 impose specific requirements on employers, including the provision and maintenance of appropriate equipment and safe systems of work. In incidents of this kind, liability in a civil claim will often turn on whether adequate precautions were in place and whether the employer took all reasonably practicable steps to protect workers.
A civil claim is pursued independently of any police or HSE investigation. The standard of proof in a civil case is the balance of probabilities, which is lower than the criminal standard, meaning a civil claim can sometimes succeed even where a criminal prosecution does not, and vice versa.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, there is generally a three-year time limit within which a civil compensation claim must be raised in Scotland. In a fatal accident case, this period typically runs from the date of death. Close relatives should be aware of this limit, though there is no obligation to act urgently in the immediate period of grief. Taking early advice does, however, help to preserve evidence and witness recollections.
In certain circumstances, such as where new facts come to light only after the accident, the court has some discretion to consider claims raised outwith the three-year period. However, relying on such discretion is uncertain, and it is generally advisable not to allow the time limit to pass without taking advice.
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 may be entitled to claim several heads of loss. These can include the following.
- Loss of support: Where the deceased contributed financially to the household or to dependants, the family may claim for the financial support they have lost as a result of the death.
- Funeral costs: Reasonable funeral expenses incurred by the family can form part of a compensation claim.
- Loss of society and grief: Scots law recognises that close relatives suffer genuine harm through the loss of a loved one's company, care, guidance and affection. A sum can be claimed to reflect this, sometimes referred to as loss of society.
- Loss of personal services: Where the deceased provided unpaid practical support to family members, for example childcare, home maintenance or caring responsibilities, this too can be considered.
The value of each element will depend on the individual circumstances of the family, including the nature of relationships, financial dependency, and the age of those affected. Claims are assessed on their own facts and are not calculated using a fixed formula.
It is worth noting that many solicitors in Scotland handle fatal accident claims on a no-win, no-fee basis, and legal fees are not deducted from the compensation received.
Frequently asked questions
Can the family claim compensation even though the employer has already been fined?
Yes. A criminal fine is paid to the court and does not go to the bereaved family. A civil compensation claim is a separate process and can proceed regardless of the outcome of any criminal or regulatory proceedings. The two processes are independent of one another.
Who can bring a fatal accident compensation claim 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 cohabitant, children, parents, siblings and certain other close family members. Each qualifying relative may be entitled to a separate award reflecting their own loss.
Does a guilty plea in a criminal case help a civil claim?
It can be relevant. A guilty plea or conviction in criminal or regulatory proceedings may be taken into account in civil proceedings as evidence that the conduct in question occurred. However, it does not automatically determine the outcome of a civil claim, and liability must still be properly established in the civil process.
How long does a fatal accident claim take to resolve in Scotland?
This varies considerably depending on the complexity of the case, the number of relatives involved, the extent of any financial dependency, and whether liability is admitted or disputed. Some straightforward claims are resolved within one to two years, while more complex matters may take longer. There is no fixed timescale.
Is there any time pressure to start a claim immediately after a bereavement?
There is no expectation that a family will act immediately after a bereavement. The three-year limit under the Prescription and Limitation (Scotland) Act 1973 allows time to grieve and to take considered advice. However, it is sensible to seek legal advice well before that limit approaches, as gathering evidence and tracing witnesses becomes more difficult as time passes.
Based on reporting by Daily Record, 11 September 2026. All rights in the original report remain with the publisher.