LEGAL VICTORIES

RMT helpline 0800 376 3706 :: october 2012 :: RMTnews 25 INJURED CLEANER COMPENSATED A cleaner who fractured her foot when she slipped on debris from building works as she walked to work along an unlit pathway has received compensation after help from her trade union. The RMT member was walking to a train depot where she was due to begin a night shift cleaning trains when she suddenly fell. Lights usually present on the walkway had been disconnected for building works being carried out close by. Debris from the works’ site was scattered across the designated walkway but since it was dark she wasn’t able to see it. She turned her ankle and fell to her knees, causing a stress fracture to her right foot. Despite in a lot of pain, the cleaner of 11 years continued with her 12 hour shift by walking on her heel. Having finished work the pain became so bad she went to accident and emergency where she was told that she’d broken her foot. She was put in plaster for 13 weeks and was unable to return to work for seven months due to the nature of the injury and concerns by medical professionals about the impact of her walking on ballast around the tracks. She eventually returned to work part time for a period of weeks before finally returning to her regular role. Following the accident she contacted the RMT which instructed Thompsons Solicitors to investigate a claim for compensation. Thompsons argued that the path should have had adequate lighting and that the debris should have been removed to make the area safe. Arriva admitted liability and settled the claim out of court. In addition to her compensation Thompsons arranged for the member to get specialist medical advice where she was provided with insoles which resulted in a dramatic reduction in the level of pain she experiences. “Even after I was back at work I was in a great deal of pain. “As the week wore on I was having to take more and more painkillers to get through my shift. “The insoles I was provided with have made a huge difference and over time the pain has gradually eased,” she said. RMT general secretary Bob Crow said that it was a classic example of an employer failing to use common sense when there was an obvious health and safety hazard. “Building works’ debris combined with an unlit recognised pathway was a recipe for disaster,” he said. Clare Nash from Thompsons Solicitors said that it the case showed not only how Thompsons can help union members to claim compensation but also how they can look at the circumstances and see that whatever is possible is done to ease the injured persons pain. • A member was awarded £35,000 following an injury when she slipped on the steps of a coach. She had picked up spilt diesel on the soles of her shoes, causing her to lose her footing when attempting to board the vehicle. Negotiation was refused and so the union’s legal representatives commenced court proceedings for the injuries to her ribs and right arm. • A driver member was injured while exiting the cab of his train when he fell between a large gap between the train and the platform as, unbeknownst to the driver, at that particular point the gap was much larger than usual. A shoulder injury was sustained, resulting in £132,500 compensation. • RMT were forced to initiate legal proceedings after the other side’s insurers refused to negotiate in an assault case. An RMT member was driving his bus when, at a standstill in traffic, a man pressed the emergency button thereby gaining access to the bus. Once on the bus, the man proceeded to attack the driver who suffered multiple injuries both physical and psychological. After court proceedings the member was awarded £13,000. • An overhead line man was tasked with removing icicles from a tunnel, and whilst using a pole to do so he slipped and fell due to the slippery surface underfoot. The member fell onto the pole, which struck him below the chin forcing his teeth through his tongue. £4,500 was awarded in compensation. • A member won £2,500 following an injury sustained when he tripped over two sections of plastic grating which had been left unsecured on the deck of a ship. The member injured both his knees as well as the palms of his hands, and was diagnosed with high blood pressure two days after the incident. Correspondence with the other side’s insurers proved futile and the matter went to court, where RMT’s legal partners were successful. • A London Underground booking office clerk suffered a back injury whilst she was carrying a cash vault between her office and the cash counting machine. This task had been made unnecessarily difficult due to the cash counting machine having recently been moved out of the office, as well as the removal of a table which had previously been used to make the process easier. After negotiations the member was awarded £3,500 compensation. • A member was awarded £4,942 following an accident at work in which he sustained ligament damage when a fellow employee barred a 65 foot rail onto the member’s foot. The workers were attempting to transport the rails manually due to the unavailability of a road railer, and after negotiations a satisfactory settlement was agreed. • A member suffered a back injury during a routine brake test whilst cleaning a bus. The member stopped cleaning and sat down whilst an apprentice engineer carried out the test, but the engineer braked with such force that the member fell from his seat injuring his back. The member won £2,263.29 in compensation. • A needlestick injury was sustained by a member as he tied his shoe laces at track side. As the member got to his feet, he pushed himself up with his hands whereupon he felt the used needle enter his left hand. The other side’s insurers refused to negotiate settlement and after court proceedings the member was awarded £4,300. LEGAL RMT recovers millions of pounds in compensation and other legal victories on behalf of members, below are a few of the latest successful cases