The Coroner and Inquests

The Coroner must be notified when a death occurs in the workplace. The Coroner will also require details of the HSE's involvement and whether they are investigating.

The Coroner has two main functions:-

• to establish the identity of the deceased;
• to establish when, where and how the death occurred.

After his initial enquiries, the Coroner can reach two views :-

• the death was natural; or
• the death was not natural.

The Coroner must hold an inquest in cases, amongst others, where:-

• there is a violent or unnatural death;
• sudden death with unknown cause.

The inquest may be held with or without a jury.

It is a formal court hearing to establish :-

• who died;
• how, when and where the death occurred.

The coroner decides who to call as witnesses. The family of the deceased have a right to ask questions either personally or via their legal representative. For this reason it is wise to seek legal advice as soon as possible after a fatal accident.

The inquest DOES NOT determine fault.

As such:-

• the Coroner does not determine who if anyone is to blame;
• the verdict must not suggest either civil or criminal liability of any person by name.

The inquest may give the following verdicts :-

• natural causes;
• accident / misadventure;
• suicide;
• still birth;
• unlawful killing;
• lawful killing;
• industrial disease;
• dependence on drugs;
• want of attention at birth;
• attempted / self induced abortion;
• disaster - the subject of a public enquiry;
• sentence of death;
• open verdict.

The chronology of the inquest depends on various factors. If there is going to be a police prosecution, the coroner will open the inquest and adjourn it pending the outcome of the police prosecution. The HSE will only decide whether to prosecute after the inquest verdict is available.

The implications of the HSE involvement and/or an inquest on a civil claim

Any civil claim is independent of :-

• any HSE investigation/prosecution ;or
• the verdict of the Coroner.

However, the information gained via the HSE and/or the inquest may provide useful evidence to support any alleged breaches of health and safety legislation in the civil claim.

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