PERSONAL INJURY WINS

RMT helpline 0800 376 3706 :: june 2022 :: RMTnews 22 RMT helpline 0800 376 3706 :: june 2022 :: RMTnews 22 LEGAL A member was injured at work whilst he was stepping off from a train. As he stepped onto the footplate, the footplate gave way, leading his ankle to twist and him falling forward, landing on the platform. He was wearing work boots at the time but felt severe pain and a pop in his ankle. He managed to get himself to an Accident and Emergency Department where his ankle was examined and x- rayed. He was diagnosed with torn ligaments in his ankle. He was treated with strapping to the ankle, given crutches and was discharged home. The member received physiotherapy through his workplace and was in constant and severe pain for at least five weeks after the accident. The pain gradually improved, but he suffered intermittent episodes of pain in the ankle for up to a year following the accident. He experienced instability in the ankle during this time and continued physiotherapy for approximately three months in an attempt to improve the stability and strength of his ankle. Our member lost nine months from work after the accident and his earnings were affected during this time. The injury not only had an effect on the member’s work life, but also his personal and family life. RMT solicitors submitted a claim to our member’s employer for negligently allowing the footplate to be in place and they admitted a breach of duty in this respect. Solicitors went on to prepare the relevant evidence for our member’s claim. This including being examined by an appropriate medical expert and assessing the reduction in earnings during his period of absence from work. RMT solicitors successfully negotiated a settlement of £6,500. The settlement figure compensated member for his injury, his loss of earnings and the effects on his personal and family life. DOCKLANDS WIN A member was injured when he was exiting the depot at Keolis Amey Docklands, London. He was using the safe walking route at work when his foot slipped on ice, which caused him to fall forwards onto his left hand and knee. Thompsons Solicitors lodged a personal injury claim with the Defendant arguing that they had failed to grit the area when on normal occasions the walking routes in icy conditions are monitored to check if gritting is required. The Defendant’s insurers refused to negotiate a settlement and so Thompsons commenced court proceedings in order to avoid there being unnecessary delay to the resolution of the members claim. Expert medical evidence was obtained to assess the nature of the member’s injuries confirming the member had sustained a soft tissue injury to his right knee left hand. The hand injury consisted of minor cuts and abrasions but the knee injury resulted in a ‘clicking’ sensation in the knee, followed by pain which was diagnosed as a knee strain. The knee symptoms occurred when the member would stand for prolonged periods of time whilst at work. The medical evidence obtained concluded that the symptoms were likely to resolve over time with physiotherapy and continued regular home exercises, but ultimately the member may require a knee operation. As well as suffering personal injury, the member was absent from work as a result of the accident and upon his return, was restricted to light duties. This resulted in a loss of earnings and so Thompsons included such losses as part of the members claim to ensure the member recovered any such losses due to the accident. Due to the Defendants refusal to compensate the member Thompsons issued court proceedings and shortly thereafter the Defendant’s Solicitors agreed to enter into settlement negotiations and Thompsons were able to secure a settlement and amount of compensation which exceeded the recommended value of the claim. The settlement figure compensated the member for his injury, losses and the impact the accident had on his personal and family life. PERSONAL INJURY WINS RMT solicitors negotiate legal settlements for injuries sustained at work