LEGAL VICTORIES

RMT helpline 0800 376 3706 :: september 2022 :: RMTnews 22 LEGAL A member has won a substantial compensation settlement for injuries, loss of earnings and the effects on his personal and family life after sustaining injuring when working on Thorpe Road Level Crossing. The task involved replacing some rubbers known as Strail Units, which fitted between the tracks at the crossing, thereby allowing vehicular traffic to pass over them. The machine operator brought one the wrong way round and he asked the member to take a hold with a bar so he could get a better lift of the unit. With the pressure of the operator pushing the unit with the machine, it moved the bar with some considerable force and struck the member, causing multiple injuries. RMT’s solicitors submitted a claim Network Rail Infrastructure Limited and the employer’s insurers denied liability and refused to negotiate a settlement. Union solicitors argued that prior to the accident, there used to be a stair lifter but this was withdrawn from service leaving the member with no alternative but to use a bar further to the bobcat driver instruction in order to get the unit out. Some changes were made after the accident including a new lifting device which was argued should have been in place prior to the accident. The injuries warranted hospital treatment and investigations, including full body CT scan. The member suffered a chest injury including a rib fracture, bruising to his thigh, head injury including concussion and lower back pain. The injuries were supported in documentary evidence including a medico-legal report obtained for the benefit of this that fully supported the injuries that the member suffered. The member suffered losses as a result of the accident including loss of earnings due to his absence from work for 12 weeks following the accident. During this time, the member received only basic pay and lost shift allowance, night allowance and on call earnings. As a result of the time off work, they did not receive a performance bonus, had to pay for over the counter medication and paid out for travel costs for physiotherapy treatment which was required to aid recovery from his injuries. Our member also required assistance from family for a period of six weeks. All such losses were claimed as part of our member’s claim. PERSONAL INJURY A member sustained injuries at the Lydden Hill race circuit for the BHP Performance Show. The drivers had been around the track and as they were returning to the display arena, one of the drivers drove their car over the member’s left foot and the vehicle also collided with our member’s left knee. RMT’s solicitors, Thompsons, represented the member and submitted a personal injury claim to the Defendant who denied liability and refused to negotiate a settlement. The Defendant also raised that there were inconsistencies with the claim, raised causation as an issue and suggested that the member would be likely be found to be at fault for the accident too. Thompsons argued that there was no marshal present at that time of the accident as the Defendant alleged, that there were no warning signs suggesting that the area was out of bounds and, in addition, argued that our member was only one of a large crowd of other spectators in the area at the time of the accident. Thompsons considered that there were reasonable arguments that warranted them pursuing the claim and the decision was made to commence court proceedings. Our member suffered losses as a result of the accident including loss of earnings over a three-week period, had to pay for over the counter medication and paid out for travel costs during the initial period that she was unable to drive. The member also required assistance from family members during the initial stages after the accident. All such losses were claimed as part of our member’s claim. The injuries warranted hospital treatment including X- rays taken and a knee strapped. The member consulted her GP for advice and treatment, attended the hospital for an MRI scan and received physiotherapy to assist in her recovery. As a result of the accident, our member sustained a soft tissue injury to her left foot, which was non weight-bearing for three weeks. The left foot still becomes painful and swollen if standing for prolonged periods. The member’s injuries were supported in documentary evidence including an accident report that was completed immediately following the accident and medical records further supported the injuries suffered. Thompsons placed the Defendant on notice of the intention to proceed with the claim if they remained unwilling to enter into settlement negotiations. Thompsons was successful in securing a negotiated settlement of £3,500. The settlement figure compensated the member for injury, losses and impact on personal and family life. LEGAL VICTORIES RMT takes on injury cases for members at work and beyond