LEGAL VICTORIES

LEGAL VICTORIES RMT helpline 0800 376 3706 :: january 2012 :: RMTnews 22 MEMBER HELD AT GUNPOINT RECEIVES COMPENSATION A member who was threatened at gunpoint by a robber has received compensation from the Criminal Injuries Compensation Authority (CICA) after help from his trade union solicitors. The member was left suffering from Post-Traumatic Stress Disorder (PTSD) after the terrifying ordeal in August 2006. The Southern Railways employee was helping a colleague to close the ticket office for the night at Sydenham station in Kent when a fake gun was held to his head by serial armed robber Richard McDonald. McDonald had walked out of an open prison just days earlier and had recruited his cousin Edward Woodbridge to help rob the station. Armed with a butcher’s knife Woodbridge threatened his colleague, forcing her to handover thousands of pounds in cash. Both men were later arrested and pleaded guilty to robbery and possession of an imitation firearm with intent to commit an offence. The RMT member, who was struck across the head during the hold-up, needed months of counselling after suffering from flashbacks and nightmares. He was unable to return to work for several months and is now working in a non-customer facing role in a different department. Following the robbery the union looked into a possible claim of compensation from CICA. CICA is a government organisation which pays money to those who have been physically or mentally injured because they were victims of a violent crime. RMT instructed its lawyers, Thompsons Solicitors, to investigate a claim and was able to secure £45,550. “The robbery was terrifying, we both thought we were going to be killed. “I'm anxious and sometimes find it difficult to sleep at night. It has had a profound effect on my life. “Fortunately I've now been able to return to work but I'll never be able to work as platform staff again. “I'm grateful to RMT and Thompsons for supporting me in my claim. “I was worried about how I would pay my mortgage with having to take so much time off work and fortunately this compensation will help me financially,” the member said. RMT general secretary Bob Crow added that members too often faced dangerous situations at work. “Our union consistently campaigns for safer workplaces where rail workers are not put at risk of attacks by the public. “But they may always be vulnerable to criminal actions and we support them in their claims for compensation from the CICA. “Our member had to take a long period off work and has returned to a lower salary because of this dreadful experience. It is right that he has received this award to help mitigate his losses,” he said. Harriet Wheeler from Thompsons Solicitors said that CICA allowed the innocent victims of violent crimes to claim compensation for the injuries they sustain, the trauma they experienced and the losses they incurred as a result. “Their assailants rarely have the means to compensate the victim, even if they are brought to justice. “Successive governments have looked at reforming the CICA scheme and removing workplace victims from its scope. “This case is evidence of why the CICA is vital for those who suffer traumatic ordeals at work,” she said. BUS DRIVER COMPENSATED A member whose bus driving career was ended after being seriously assaulted by a drunk passenger has received £16,000 from the Criminal Injuries Compensation Authority. He suffered psychological trauma and his attempts to return to work failed as a result. He was eventually made redundant on ill-health grounds. The member had reached the end of his route and left his cab to make sure that all the passengers had alighted. A drunk youth sitting at the back insisted that the bus should carry on further. The member explained that this was not the case on a Sunday. As the youth walked towards the front of the bus, with the apparent intention of getting off, he suddenly grabbed the member, ripping his shirt and putting his hands around his neck. He started to choke his victim and threatened to kill him. The assailant’s girlfriend tried to intervene, but the attack only stopped when a member of the public pulled the youth off. The incident was recorded on CCTV and was reported to the police. The member’s employment was terminated several months after the attack. He had tried to return to work several times but suffered anxiety attacks when driving a bus. RMT’s lawyers submitted a claim to the CICA and the final award secured by Thompsons was for his injury and his past and future loss of earnings. AVOIDABLE ACCIDENT INJURY A train-fitter member was injured at work after being told by his manager to jet wash the underside of a train. To do this, he had to stand in an uncovered concrete pit. Both he and a number of his colleagues raised concerns about doing this as the floor of the pit was covered in snow. Their concerns were dismissed by their line manager who told them “it was only water” and that they had to get on with it. He did as he was asked and started washing the underside of the train. After taking a comfort break, he was walking back when he slipped on a board and fell into the pit. The member suffered a nasty laceration as a result and needed a skin graft. His recovery was complicated as he picked up an MRSA infection. He has been left with a large permanent scar over his shin and has to wear a prescribed sun block as this area will always be hyper sensitive. He received £16,500 in compensation for his injuries and associated losses. Dimuna Gething of Thompsons Solicitors in Bristol said that the accident and the ensuing injuries were entirely avoidable. “In the conditions he should not have been asked to carry out these tasks,” she said. Signaller compensated An RMT member arrived at work and drove towards the signal box. There had been some alterations in the area as there RMT recovers millions of pounds in compensation and other legal victories on behalf of members. Below are a few of the latest successful cases