Navigating the aftermath and understanding the inquest process
When a tragedy occurs in the workplace it has a dramatic impact on the whole business. It is often said that the character of a business is truly displayed in the time of crisis. In such a situation the immediate concern should always be to look after the people.
A sensible operation will have in place a business continuity plan which should include how to respond to a major incident such as a workplace fatality.
It can be a difficult decision to make as to whether to be fully engaged with a grieving family or to leave them alone to deal with their loss. It can be seen as either too much or too little. Each situation will be an indicator to guide the employer in its response.
Dealing with police and HSE or EHO when managers and business owners are in shock can add to the stress. Use the crisis response plan as a framework to ensure that all bases are covered from welfare to publicity.
The plan should include immediate notification to employers’ liability insurers. They will have resources to support the business. This will include reference to their specialist legal panel who will be best placed to manage liaison with the enforcing authorities and protect the interests of the business and individuals within it.
The accident has to be reported straightaway using the HSE hotline. A visit by the HSE will follow very shortly after that. Wise operations will have had early legal advice as the journey of investigation and court hearings is just beginning.
A death at work will fall within the jurisdiction of the coroner for the area to whom it will have been reported straightaway. The inquest will be formally opened and then adjourned to a date several months ahead to enable investigations to be carried out by the police and HSE. Unlike in TV and film dramas, coroners have no teams of investigators and scientists available at short notice to gather evidence.
The purpose of the coroner’s inquest is to establish who the deceased was, where and when they died and perhaps most importantly, how they died. How they died means in what circumstances. An inquest is not a trial of civil or criminal liability and conclusions cannot be expressed in terms that indicate civil liability or criminal responsibility of a named individual.
Nonetheless, an inquest can look into failings and lost opportunities, so participants need to be properly prepared.
In most cases involving a fatality in the workplace the coroner will hold an administrative hearing to bring the interested persons together to set the scope of the inquest, decide on evidence and documents to be used and to set a date for the final hearing. Whilst the coroner will receive assistance and suggestions from the various interested persons, it is ultimately the coroner’s role to manage the investigation.
Unfortunately, there is often a long delay between the death and a final hearing, which makes things difficult for witnesses and families. In some cases, the inquest will not take place for two or more years, which impacts on the ability of the bereaved family to cope with their loss.
Where the coroner calls a witness to give live testimony as to facts, the individual should have an opportunity to receive legal advice to enable them to understand the process by which the coroner elicits information and to be prepared for the questions that will follow from the family of the deceased and others involved in the inquest as well as the jury.
The coroner should not allow inappropriate questions to be put to a witness; that is, one which is not relevant to the core aims of the inquest or is accusatory, and if the answer to a question might tend to incriminate that person, they have a fundamental right not to answer.
Witnesses must conduct themselves in the court environment in a manner befitting and respectful of a court of law and to the family of the deceased. It is vital that witnesses called to court have their welfare supported by their legal team and the business.
At the end of the inquest the coroner will sum up the evidence heard and read into the record and the jury will make findings of fact based on that evidence.
The jury will be directed by the coroner on matters of law which will include what they can reach by way of a conclusion such as “accident” or “misadventure”.
The conclusion of an inquest is often a difficult time for families and those who have given evidence. It is perhaps more the closing of a chapter rather than the end of the book.
There may be criminal prosecutions and civil claims arising from the death which will need to be resolved. Again, these will take time.
For more information, please contact our expert health and safety solicitors.
