Based on reporting by Glasgow Live, 9 October 2026. All rights in the original report remain with the publisher.
What was reported
According to Glasgow Live, two men lost their lives after a trench reportedly collapsed at a work site on Ballygowan Road in County Down, Northern Ireland, on 2 October 2026. Emergency services attended the scene but both workers, a man in his early twenties and a colleague in his late thirties, were pronounced dead at the scene. It is understood both men had been living and working in the Ballygowan area at the time.
As reported by Glasgow Live, the younger of the two men had family connections to South Lanarkshire, and his parents have spoken publicly of their grief, describing their loss as devastating. He is survived by a young child. His colleague is also survived by children. A community fundraiser established to support both families had raised more than £27,000 at the time of publication.
A funeral service for the younger man has been arranged at Daldowie Crematorium in Glasgow, according to Glasgow Live. Investigations into the circumstances of the incident are, it is understood, ongoing.
Fatal workplace accident claims in Scotland
When a worker dies as a result of a workplace accident, close relatives may be entitled to seek compensation through a civil claim. This is separate from any criminal or regulatory investigation that authorities such as the Health and Safety Executive may carry out.
Employers in Scotland have a legal duty under health and safety legislation, including the Health and Safety at Work etc. Act 1974 and associated regulations such as the Construction (Design and Management) Regulations 2015, to provide a safe working environment. In incidents of this kind involving excavation or trench work, liability often rests with the party responsible for planning, supervising and maintaining the safety of that work, though the precise facts of each case determine where responsibility lies.
A civil compensation claim does not require a criminal conviction to succeed. The standard of proof in civil proceedings is the balance of probabilities, which is a lower threshold than in criminal courts. Families do not need to wait for any regulatory or criminal proceedings to conclude before taking legal advice, though it is often sensible to understand what investigations are under way.
Time limits
In Scotland, the general rule under the Prescription and Limitation (Scotland) Act 1973 is that a personal injury or fatal accident claim must be brought within three years of the date of death. Missing this deadline can extinguish the right to pursue a claim entirely, so it is important that families are aware of it, even if they feel they need time before they are ready to act.
Courts do retain a discretion to allow claims outside the three-year period in exceptional circumstances, but this cannot be relied upon. There is no obligation on families to act quickly in the immediate aftermath of a bereavement. The three-year window is intended to give people reasonable time to grieve and gather information before making a decision.
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 fault may be entitled to claim compensation. The categories of loss that can be addressed include the following.
- Loss of support: Where the deceased was financially supporting dependants, such as a child, the claim can seek to reflect that ongoing financial loss over time.
- Loss of society: This recognises the grief, distress and loss of the guidance, care and companionship that the deceased provided to those closest to them. A young child who has lost a parent, for example, may have a significant claim under this head.
- Funeral expenses: Reasonable costs associated with the funeral and burial or cremation can be recovered as part of a claim.
- Solatium: Where the deceased survived for a period before death and experienced pain and suffering, a solatium award reflecting that suffering can form part of the estate's claim.
The amounts involved vary considerably depending on the circumstances, the age of the deceased, the number and ages of dependants, and the extent of financial dependency. Families should seek advice from a solicitor with experience in Scottish fatal accident claims to understand what may apply in their particular situation. It is worth noting that where a claim is pursued on a no win, no fee basis, legal fees are not deducted from the compensation received.
Frequently asked questions
Can a family in Scotland make a claim if the accident happened in Northern Ireland?
Jurisdiction in cross-border cases can be complex. Generally, a claim arising from an accident in Northern Ireland would be governed by Northern Irish law and brought in Northern Irish courts, though there are circumstances where Scottish courts may have jurisdiction. Families based in Scotland should take early legal advice to understand which legal system applies to their situation.
Does a family need to wait for a Health and Safety Executive investigation to finish before claiming?
No. A civil claim can be pursued independently of any regulatory or criminal investigation. In practice, the findings of an investigation can be useful evidence in civil proceedings, but families are not required to wait. Given the three-year time limit, taking early legal advice is advisable regardless of the status of any ongoing investigation.
Who qualifies as a close relative for the purposes of a fatal accident claim in Scotland?
The Damages (Scotland) Act 2011 defines which relatives are entitled to claim. This includes a spouse or civil partner, a parent, a child, and a sibling, among others. A child of the deceased, including a young child, is clearly included. The nature and closeness of the relationship will affect the level of any award made.
What if the deceased was partly responsible for what happened?
In Scottish law, contributory negligence can reduce the level of compensation payable if the deceased is found to have contributed to the accident through their own actions. However, a partial finding of contributory negligence does not automatically prevent a claim succeeding. Each case is assessed on its own facts, and families should not assume that any perceived contribution by the deceased bars a claim entirely.
Is there any financial support available to families while a claim is being pursued?
Civil compensation claims can take time to resolve, particularly where liability is disputed or investigations are ongoing. Families may be entitled to state benefits in the interim. A solicitor can also advise on whether interim payments from the defender's insurer may be available in appropriate cases to help meet immediate financial needs while the claim proceeds.
Based on reporting by Glasgow Live, 9 October 2026. All rights in the original report remain with the publisher.