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RMT helpline 0800 376 3706 :: february 2017 :: RMTnews
26
Thompsons solicitors secured
£21,500 for an RMT member
who was injured whilst working
as a construction worker for
Network Rail.
The man had worked in
construction for George
Wimpey, and later in rail
maintenance for Network Rail,
and would routinely operate
heavy duty hand-held
machinery which exposed him
to high levels of vibration.
He began to complain of
pain and weakness in his arms
after operating the machinery
and was subsequently
diagnosed with stage 2 hand-
arm vibration syndrome (HAVS)
due to the effect of continuous
vibration applied to his arms
without breaks. He was also
diagnosed with carpal tunnel
syndrome, which caused him
swelling and numbness in his
wrists.
As an RMT rep, he contacted
Thompsons solicitors through
the union. Although Network
Rail admitted that he should
not have suffered such high
levels of exposure to the
machinery without adequate
rest breaks, it claimed that his
role as a union and health and
safety rep should have provided
him with the relevant
information to avoid such
injuries, thereby ignoring their
duty of care to him.
Although Network Rail put
in place better policies once
they had been made aware of
his condition, the injuries
suffered up until that point had
already caused the member
pain and considerable distress.
Before the case reached trial, a
£21,500 settlement offer was
agreed.
Mick Cash said that all
workers should know that legal
protection is available to them
when they have been injured at
work.
“Our member was caused
significant discomfort after
undertaking routine activities in
his job – this should not
happen to any worker,” he said.
Thompsons Solicitors’
Andrew Hutson said that he
was satisfied to have secured
the £21,500 compensation to
help the member.
“It shouldn’t make any
difference that the man was a
workplace health and safety
representative and we made a
strong case to show his painful
condition was caused by
Network Rail,” he said.
HAND-ARM VIBRATION
SYNDROME
COMPENSATION VICTORY