RMT SECURES DAMAGES FOR NOISE- INDUCED HEARING LOSS

RMT helpline 0800 3763706 :: november 2007 :: RMTnews 21 The union has won £80,000 compensation for member who suffered a back injury as a result of unloading cargo from a Caledonian Macbrayne Ferry. The member had been expected to move a barrel weighing 200kg in clear breach of the Manual Handling Operation Regulations. Whilst liability was never an issue, the company claimed that the member was partly to blame. Four months after the accident, the member suffered a disc prolapse and the company denied that the injury was caused by the accident. Five specialist consultant orthopaedic surgeons were instructed by both sides but the company settled the claim before the hearing. David Wilson, the Scottish RMT lawyer, said that Disc prolapse cases were often extremely difficult to win. “However, thanks to the union we were able to instruct the best experts both on Manual Handling on board ships and medical causation," he said. RMT has secured £6,000 compensation for a member in Kent whose hearing was damaged while working at Bombardier Transportation UK Ltd. William Wilkinson was not supplied with hearing protection until after the damage was done. His claim was handled by RMT law firm Thompsons Solicitors. Mr Wilkinson, who worked for Bombardier Transportation UK Ltd from 1989 to 2002, secured £6,000 after it emerged that he was not supplied with hearing protection until 2002. William Wilkinson suffered a deterioration in hearing and has trouble hearing conversations with people. “I’ve also been told that my hearing will deteriorate with time and that in due course I will need the assistance of hearing aids,” he said. RMT general secretary Bob Crow said that members face many hazards in the course of their work but noise is one where simple protective equipment can protect them from injury. “William Wilkinson is one of many rail workers to suffer hearing loss as a result of the failure of his employer to provide that protection. “We would urge other members to come forward if they have experienced similar hearing problems as a result of noise at work,” he said. Vincent Reynolds from Thompsons Solicitors warned that noise remained one of the most underestimated workplace risks. “It is important that where someone believes that they may have sustained hearing damage at work that they seek legal advice as soon as possible. He said that members will only have three years from the date of injury or the date that they knew of the injury to bring a claim. “Time is, therefore, of the essence,” he said. The union won £50,000 compensation for a signal worker based in the Highlands after he suffered a significant back injury at work. First Engineering had been carrying out repairs to the signal box in which the member was engaged at work. As part of the renovations, First Engineering removed the stairs to the signal box. During the course of her shift the member required to leave the box to issue instructions to a fellow worker. Unfortunately, she had forgotten the stairs had been removed and fell eighteen feet to the ground suffering a back injury. The union sued Network Rail for making her work in such an unsafe workplace. The company claimed that the accident was principally the member’s fault. However, prior to a hearing, Network Rail admitted liability and settled the case for £50,000. Her solicitor, David Wilson of RMT Scottish solicitors Drummond Miller said that it was a “brilliant result” for a very tricky case. “Not only were there significant concerns on contributory negligence, but the medical position was extremely complex. “Luckily, the Union was prepared to back the member to the hilt and obtain specialist medical evidence from the country's leading back expert which helped to persuade the Defenders to put a significant offer on the table," he said. He said that the case is a good example that not all claims lawyers are the same. “It is very rare for no win no fee lawyers to obtain extra medical evidence such as was obtained in this case. “Had Mrs F been forced to rely on the original medical evidence she would have received an award of less than £10,000,” he said. RMT SECURES DAMAGES FOR NOISE-INDUCED HEARING LOSS SIGNAL WORKER WINS BACK INJURY COMPENSATION CAL MAC MEMBER WINS £80,000