RMT WINS COMPENSATION FOR MEMBERS

RMT helpline 0800 3763706 :: january 2010 :: RMTnews 22 The union’s legal services take up members’ cases free of charge, and takes no commission on successful claims Legal services RMT WINS COMPENSATION FOR MEMBERS MEMBERS COMPENSATED FOR LEVEL CROSSING CRASHES Two RMT members have been compensated for injuries that they received in separate crashes at level crossings. A RMT member was working as a conductor on the Northern Rail train travelling towards Carlisle when it hit a parked DHL van on a manually operated level crossing in July 2008. The member was flung to the floor of the train as it collided with the van. The train driver had spotted the van and slammed on the brakes, but was unable to avoid it. Fortunately, the train stayed on the tracks and the van driver was not in the vehicle. The impact of the crash jolted the train, which was half full, throwing the member off her feet and causing whiplash injuries. A number of passengers also suffered minor injuries. The member said: “When I heard the horn going and felt the brakes slam on I knew there was a serious problem. I was at the back of the train and couldn’t see anything but all sorts of images started going through my mind. There have been so many serious train accidents that I thought the worst. “When the train hit the van there was an almighty bang and a jolt. I knew I had hurt my neck but the first thing on my mind was to help the passengers. It wasn’t until the next day that I realised just how bad my injuries were.” The member was off work for 12 days and unable to drive for a week. The member needed physiotherapy and was put on strong painkillers. Following the accident the member contacted RMT and was advised to claim compensation. Investigations by RMT lawyers Thompsons found that the van driver had not followed the correct procedures at the crossing. A sign advised drivers to contact the signaller before opening both gates and then driving through, only shutting the gates when the vehicle was safely on the other side. In fact, the driver had opened the first gate, driven through it and then shut the first gate before opening the second gate. The train hit the van as he was opening the second gate. Thompsons was successful in settling the claim against DHL which admitted liability. The member was awarded £3,500 for the injuries she sustained. Another union member, who was working as a conductor on a train travelling between Barton Upon Humber and Cleethorpes in May 2008 was injured when his train collided with a car which had failed to stop at the West Marsh level crossing. He suffered injuries to his right shoulder and right knee. After negotiations with the vehicle driver’s insurers the member was awarded £3795. RMT general secretary Bob Crow said: “We have been calling for an immediate programme to replace level crossings on high-speed lines with road bridges or underpasses. Too many people are killed on crossings each year and it is only through good fortune that these incidents didn’t cause even more serious injuries or even fatalities.” TRAIN WORKER’S AGONISING WAIT AFTER NEEDLE INJURY An RMT member had a horrendous three month wait for the results of blood tests for HIV after he was injured by a dirty needle. The fitter for First Great Western was stuck by a needle in his knee while attempting to fix lights on a train carriage at Paddington Station. The incident happened when he got down on the floor to access an electrical panel on the carriage and knelt on the needle. He had to wait three months for the results of blood tests for HIV and Hepatitis. Fortunately he has been cleared of any blood-borne diseases, but during the long wait he had to put plans to try for another child on hold. He also had to give up his coaching role for a premiership rugby team. The incident was so traumatising that the member was off work for six months and has been receiving counselling. RMT lawyers Thompsons took up the case on the member’s behalf. They argued that First Great Western should have provided its employees with knee pads, equipment which all staff are now given. The member received £8,500 in compensation. “Discovering I had been stuck by a needle was extremely distressing. I kept wondering where the needle had come from and what diseases it might be carrying,” the member said.