When an employee dies at work: Employer legal duties
The legal procedures employers must follow and how to submit an accident report form if an employee dies at work.
The death of an employee at work, or because of work, is one of the most difficult issues an employer will ever have to deal with.
When an employee dies at work
If an employee dies while at work because of an accident, natural causes, or violence, first call the emergency services. Do not move the body before they arrive.
You must also report a work-related death immediately to the Health and Safety Executive for Northern Ireland (HSENI). You can to the HSENI by calling the HSENI Helpline on Tel 0800 032 0121.
When an employee dies later as a result of a work-related accident
If an employee dies as a result of an accident at work within one year of the date of the accident, you must also notify HSENI about this in writing as soon as it becomes known.
An investigation will then be carried out to determine the circumstances leading to their death.
Employer's duty of care
As an employer, you have a duty of care to your employees, ie a duty to protect their health, safety, and welfare by providing them with a safe working environment.
If an employee dies because you failed in your duty of care and it is found that you or your business have committed an offence you could be fined and/or sent to prison.
Insurance for employers
Most employers are required to have employer's liability insurance. This provides insurance against claims for compensation and legal costs if an employee dies or becomes ill or injured as a result of working for you - see insure your business: people, life, and health.
Note that a representative of an employee who has died, usually the executor of their estate, can bring a case against an employer on behalf of the employee.