LEGAL NEWS

LEGAL NEWS RMT helpline 0800 3763706 :: june 2010 :: RMTnews 18 RAIL WORKER COMPENSATED FOR REPEAT ACCIDENT A Lancashire based member was injured while working at a station. He was opening a roller shutter to allow passengers to leave the station, when due to the shutter being poorly maintained and defective, it jammed, causing a jarring injury to the member’s back. He was unable to return to his pre- accident duties following this injury. The accident was avoidable as six months earlier the member had suffered exactly the same accident with the same roller shutter, although he suffered a less severe injury on that occasion. Following that incident the member had received £2,000 compensation. RMT lawyers obtained medical evidence showing that the latest accident had caused an increase in symptoms of a pre-existing back condition and that the member was unfit for his pre-accident duties. The medical opinion was that after 12 months he would be fit to return to a more sedentary role. Despite this the employer terminated his employment on grounds of ill health. The company accepted liability for the accident and offered a settlement of less than £4000, which was rejected by the member. With court proceedings imminent, and just one week away from the trial, further negotiations saw the defendant increase their offer. The member received a final payment of £30,778.45 MEMBER RECEIVES £100,000 AFTER CONTRACTING LUNG DISEASE A member from Hampshire contracted the lung disease extrinsic allergic alveolitus after being exposed to welding materials and contracted. The company’s insurers initially refused to negotiate a settlement and it was necessary for the union’s lawyers to commence court proceedings. As a result satisfactory settlement terms were agreed and the member was awarded £100,000 SHIPPER COMPENSATED FOR ACCIDENT A member was injured when he was loading stores on his ship and a steel caddy tipped over onto him. As a result he suffered injuries to his right thumb and finger, above his left eye and to his right shoulder. Following negotiations with his company’s representatives RMT lawyers negotiated a settlement of £2,297. SIGNALLER RECEIVES £30,000 FOR ANKLE INJURY A Humberside signaller was walking to his signal box when he lost his footing as ballast slipped away from under him. As a result he sustained bruising and swelling and a rupture of the achilles on his right ankle. RMT lawyers commenced court proceedings against the member’s employer after they initially refused to negotiate a settlement. As a result the settlement terms were agreed and the member received compensation of £30,000 TRACK WORKER FRACTURES FOOT A track worker from Essex was injured while carrying out renewals on a railway track. The team he was working with were lifting rails from the cess in stages, to the shoulder, the running rail, and then on to a trolley on the track. The rail that was being lifted at the time of the accident was 30 foot long. As the team was moving the rail it came across too quickly and the worker’s foot became trapped between the rail they were moving and the running rail. As a result he suffered a fracture of the metatarsal bone in his left foot. The union’s lawyers negotiated a final settlement of £8,956 for the member. CONDUCTOR INJURED IN TRAIN COLLISION A conductor was injured while working on a train that collided with a stationary vehicle on the line. She suffered a whiplash injury. The company refused to negotiate a settlement so RMT lawyers commenced court proceedings. As a result a satisfactory settlement of £3,500 was made. RAIL WORKER COMPENSATED FOR BACK INJURY A rail worker injured his back while working at a Merseyside station. He was carrying out general maintenance on the remote electrical building. As he was trying to locate the building he went with a colleague through a gate and down some steep steps. While he was walking down the steps the wooden plinth at the end of one of the concrete steps collapsed causing the member to fall and injure his back. Following correspondence and negotiations with the company’s representatives a settlement was made of £3,334.