LEGAL VICTORIES

RMT helpline 0800 376 3706 :: april 2011 :: RMTnews 18 ROAD RAGE COMPENSATION A bus driver member employed by Stagecoach SouthWest, has been awarded compensation by the Criminal Injuries Compensation Authority (CICA) for injuries he suffered in a road rage attack. The member asked a car driver to move forwards to allow him to pull into a bus stop to pick up passengers. The driver gave him a two- fingered gesture and ignored him, carrying on with unloading his car. The member got out of his bus and again asked the driver to move his vehicle. When the driver refused, the member telephoned the police on his mobile. As he was talking to the police, the car driver attacked him, pushing him into the road and into the path of oncoming traffic. The member fell backwards and struck his head on the road, fracturing his wrist in four places and suffering a gash to the back of his head. He developed carpal tunnel syndrome in his wrist. The Criminal Injuries Compensation Authority awarded him £5,390 for his injuries. In another attack, a coach driver member employed by Rosalyn Coaches, was driving a coach full of passengers from London to South Mims when he was assaulted by a car driver. He had stopped at red traffic lights when a man appeared in front of his coach waving his arms about and shouting. The driver opened his window and the man shouted: “didn’t you see me? …you’ve trashed my mirror.” Mr Bennett was not aware he had actually hit anything and as he looked round, he was punched in the face and the car driver ran off. Mr Bennett suffered a broken nose, chipped teeth and has been left with a permanent scar. He was awarded £2,300 by the CICA. COMPENSATION FOR YOU? If you have suffered injuries in similar incidents, you may be entitled to compensation from the CICA. This is a government organisation that pays compensation to people who have been physically or mentally injured as a result of a violent crime. To be eligible, the application for compensation should usually be made within two years of the incident and be for injuries suffered in an act of violence in England, Scotland or Wales. The injuries also need to be serious enough to justify a minimum award of £1,000. NO CRIME NECESSARY It is not necessary for the offender to have been convicted of or charged with a crime. It is a requirement under the scheme that the police or other organisation, for instance an employer, is informed of the assault as soon as reasonably possible. If you think you may be eligible for compensation from the CICA, you should contact RMT solicitors Thompsons, who would be able to help with and advise on a claim and also advise on the possibility of any other claim for compensation, for instance against an employer or the assailant personally. LEVEL CROSSING COMPENSATION An RMT member received damages of over £10,000 following injuries sustained when a train struck an uninsured vehicle on a level crossing. The member was working as a conductor on the train when the collision took place, and suffered an ankle injury in the accident. RMT instructed Thompsons solicitors to pursue a claim for the member against the uninsured driver and it was re- directed to the Motor Insurers Bureau which compensate the innocent victims of uninsured drivers. Settlement terms could not be agreed and court proceedings were issued after which Thompsons were able to negotiate an acceptable settlement. HGV DRIVER COMPENSATED A member working as an HGV driver suffered back and shoulder injuries when the tail lift of his lorry dropped and he tried to stop the consignment he was delivering from falling. Although the employer accepted that the accident was their fault, they made no offers to settle the claim until after Thompsons issued court proceedings, eventually settling for £20,000. TRACKMAN DOUBLES CLAIM A trackman had to undergo surgery on his shoulder following an accident at work. He was required to assist in lifting a grinding machine off the back of a flat bed lorry. The machines had not been properly secured and had subsequently moved and become entangled. As he and a colleague attempted to disentangle the machines, the one he was holding fell causing a tendon and bicep injury to his arm. Network Rail accepted liability for the accident but failed to make an offer of settlement. Thompsons Solicitors prepared court proceedings to be issued and with this the defendant started to negotiate settlement. An offer of £4,900 was made. Following advice the member rejected this and a settlement of £10,000 was reached. HIT BY SLEEPER A member suffered a dislocated shoulder when he was hit by a sleeper that fell from a road railer. He had been working as leading trackman on site overnight and was directing the driver of the road railer who was transporting a bundle of 12 wooden sleepers when the banding on the sleepers snapped causing them to fall. A claim was brought through the RMT Legal Assistance Scheme. Network Rail sought to defend the claim alleging that the injuries were the fault of the member and making allegations that he failed to set up an exclusion zone and failed to use additional lighting. Neither of these were necessary for the job he was doing and the defendant ignored the actual cause of the accident – that the banding around the sleepers failed. Court proceedings were issued by Thompsons solicitors and the case prepared for trial. Following negotiations, the member accepted a settlement of £7,500. WINNING FOR MEMBERS RMT legal services provide an essential insurance for transport workers that are members of the union and their spouses