RMT WINS COMPENSATION CLAIMS FOR MEMBERS

RMT helpline 0800 3763706 :: july/august 2009 :: RMTnews 30 TRAIN COMPANY FORCED TO ACCEPT RESPONSIBILITY FOR FAULTY EQUIPMENT RMT member and a keen horse rider who damaged her knee as she worked in an express train buffet car has been awarded more than £5,000 in compensation. RMT member Olwen Hernanz-Lloyd was awarded the compensation by Newcastle County Court after a faulty drawer in the buffet car of the Great North Eastern Railways’ (GNER) Newcastle to London train flew open and struck her knee. The court found that the catch on the drawer was broken and train operator GNER had failed to mend it. The accident happened as Olwen was pouring coffee for a customer and the train ran over the points, making the carriage jolt. Despite the pain in her knee, Olwen continued her work that day as a customer services representative which included working in the train’s restaurant. RMT lawyers Thompsons The union takes up members’ cases free of charge and, unlike commercial “no win/no fee” solicitors, takes no commission on successful claims. RMT News highlights some recent successful claims for our members. RMT WINS COMPENSATION CLAIMS FOR MEMBERS Solicitors pursued the claim for compensation. The case went to trial where GNER claimed that the drawer had been inspected and wasn’t broken. It was later found that the drawer had not been inspected and the judge said that the drawer flew open due to a defect in the catch. Olwen received £5,124 in compensation and £18,000 costs were awarded. She said that she was pleased the court has found in her favour. “I felt strongly about fighting my case because GNER were blaming me for the accident and I now feel vindicated. “The compensation will help to pay towards the upkeep of my horses which has been much harder for me to cope with since the accident,” she said. RMT general secretary Bob Crow said that it was a matter of principle that the union fought the case on behalf of Mrs Hernanz-Lloyd. “GNER failed to accept it was responsible for this accident and blamed Mrs Hernanz-Lloyd for its mistakes. “This case shows how union legal services can fight for and win justice on behalf of our members,” he said. Tony Scott from Thompsons solicitors said they knew she had a strong case from the beginning and the court agreed with us. “We hope this compensation will help Mrs Hernanz-Lloyd cope with the difficulties she now faces as a result of her injury,” he said. WELDER FORCED TO RETIRE EARLY A welder who was forced to retire after he injured his back at work has received more than £7,000 in compensation. Kevin Hartley, 63, from Sheffield needed surgery after the accident at Network Rail Infrastructure in Sheffield where he worked as track welder for the firm for over thirty years. On the day of the accident he was lifting a heavy piece of equipment when he fell causing a slipped disc in his back and damage to his sciatic nerve. He was off work for several months but after returning to light duties his condition became so bad he found it difficult to walk and he took early retirement. RMT lawyers Thompsons Solicitors pursued the claim for compensation, which was settle out of court. Kevin said the damages will contribute to the cost of the private operation he needed on his back.