Based on reporting by The Press and Journal, 11 September 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, the owner of a Stonehaven roofing company was fined £15,000 following the death of a worker who fell while carrying out roofing work. The company owner reportedly apologised unreservedly in court for what happened.
As reported by The Press and Journal, the deceased worker's widow described her husband's death as completely avoidable. The court proceedings related to health and safety failings connected with the incident, though the precise circumstances of the fall were not set out in detail in the report.
A criminal fine imposed on an employer following a workplace death does not extinguish any civil claim that the deceased's family may have. Criminal and civil proceedings are entirely separate processes under Scots law, and a family is entitled to pursue compensation independently of any prosecution outcome.
Fatal workplace accident claims in Scotland
When a worker dies as a result of an accident at work, close relatives may be entitled to bring a civil compensation claim under the Damages (Scotland) Act 2011. This is separate from, and unaffected by, any criminal prosecution or fine that may follow.
In incidents of this kind, involving work at height, liability often rests with the employer or the person responsible for organising and supervising the work. Under the Work at Height Regulations 2005, employers have a duty to plan, supervise and carry out work at height in a way that is safe. Where a breach of those regulations is found to have contributed to a death, that may form the basis of a civil claim.
A claim may be brought by the deceased's immediate family, including a spouse or civil partner, children, or parents. Scots law recognises what is known as a relative's claim, which covers both financial losses and the personal harm suffered by those who have lost someone close to them.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, relatives generally have three years from the date of death to raise a civil claim for compensation. Missing this deadline can result in the right to claim being lost entirely, so it is important that anyone considering a claim seeks legal advice well within that period.
There is no obligation to act immediately. Families are entitled to take time to grieve and to come to terms with what has happened before deciding whether to pursue a claim. The three-year period exists precisely to allow for this, while still ensuring that claims are brought within a reasonable time.
In limited circumstances, a court may allow a claim to proceed outside the three-year period, but this is not something that can be relied upon. Seeking advice sooner rather than later remains the sensible course.
What compensation can cover
Under the Damages (Scotland) Act 2011, a claim brought by close relatives of someone who has died in a workplace accident can include several distinct heads of loss.
- Loss of society: This reflects the grief, distress and loss of the deceased's companionship suffered by close relatives. It is a recognised head of damages under Scots law and is available to a spouse, children and parents, among others.
- Loss of support: Where the deceased contributed financially to the household, relatives may claim for the loss of that financial support going forward.
- Funeral expenses: Reasonable funeral costs are recoverable as part of a claim.
- Services: Where the deceased carried out services in the home, such as childcare or maintenance, and those services now have to be replaced, that cost may also be recoverable.
- Solatium: If the deceased survived the accident for any period before dying, solatium, which is compensation for the pain and suffering endured during that time, may form part of the estate's claim.
Compensation amounts vary depending on the individual circumstances, the age and earnings of the deceased, and the nature of the relationships involved. Legal advice is needed to understand what a claim might be worth in any specific case.
Where a claim is pursued through a personal injury solicitor on a no-win, no-fee basis, any fees are not deducted from the compensation awarded to the family.
Frequently asked questions
Can the family of a worker who has died in a roofing accident claim compensation?
Yes. Under the Damages (Scotland) Act 2011, close relatives of a worker who has died as a result of a workplace accident may be entitled to bring a civil compensation claim. This applies regardless of whether criminal proceedings have already taken place or a fine has been imposed on the employer.
Does a criminal prosecution or fine mean the family cannot also pursue a civil claim?
No. Criminal proceedings and civil compensation claims are entirely separate. A fine imposed on an employer by a criminal court does not affect the family's right to seek civil damages. In fact, findings made in criminal proceedings can sometimes assist a civil claim by establishing that safety rules were breached.
Who can bring a claim following a fatal workplace accident in Scotland?
Under Scots law, a claim may be brought by a spouse or civil partner, children, and in some cases parents or other close relatives. Each eligible relative may have a separate entitlement to damages for loss of society, loss of financial support, and other recognised heads of loss set out in the Damages (Scotland) Act 2011.
How long does a family have to make a claim after a workplace death in Scotland?
The Prescription and Limitation (Scotland) Act 1973 sets a general three-year time limit, running from the date of death. While there is no pressure to act immediately, it is sensible to seek legal advice well within that period, as courts rarely extend the deadline and missing it can mean losing the right to claim altogether.
What does a claim for loss of society cover?
Loss of society is a head of damages unique to Scots law. It recognises the grief, sorrow and loss of the deceased person's companionship and guidance that close relatives experience. It is not simply a payment for grief but reflects the overall impact of losing someone whose presence was central to the family's life.
Based on reporting by The Press and Journal, 11 September 2026. All rights in the original report remain with the publisher.