COMPENSATION FOR RMT MEMBERS

25 RMT helpline 0800 376 3706 :: may/june 2024 :: RMTnews An RMT member who sustained painful injuries at work when they slipped on oil that had leaked across the floor of an unlit corridor has secured compensation. The Chiltern Railways employee had been going to help a passenger when the incident occurred as they made their way out of the office where to go to help a passenger. The oil, which had come from the lift in the engine room, caused them to slip and fall, landing heavily on their back and the right side of her body. They suffered bruising and pain to their lower back, as well as to their right shoulder and right arm. The member instructed workplace injury experts at Thompsons Solicitors to bring a claim for compensation against their employer, alleging that more could have been done to protect them. Their legal team argued that if the oil leak had been prevented, if it had been cleaned up or prevented from spreading, or if there had been warning signs in place, their injuries could have been avoided. Through their union membership Thompsons Solicitors was able to secure the worker a compensation care package of £3,400 without the need to go to court. In addition, Chiltern Railways has since installed lights in the corridor to help prevent future incidents from occurring and to protect other workers. ROAD ACCIDENT An RMT member was injured in a road traffic accident while riding his motorbike won a settlement claim for £85,000, which compensated him for his pain and suffering, loss of earnings and lost years of his pension as a result of his early retirement.    The driver of a car pulled out of a junction, attempting to turn right when it was unsafe, and struck the right side of our member and his motorbike, knocking him off. The member sustained injury to his right shoulder and hip, dizziness and vertigo, and a psychological reaction to the accident, and the effects of his injuries. As a result, the member was absent from work and then unable to return to his role trackside, due to his ongoing dizziness and vertigo which would make it unsafe for him to work on the track, or at height. As a result, the member was forced to take early retirement. RMT’s solicitor Thompsons was instructed to pursue a claim for compensation on behalf of the member. Liability was denied by the Defendant driver’s insurer and Thompsons went on to prepare the medical evidence required to properly quantify our member’s injuries, and issue proceedings on his behalf. Once Thompsons issued Court proceedings, liability was quickly conceded. The member was seen by appropriately qualified independent medical experts who prepared reports dealing with the physical and psychological injuries, how long they took to heal, and the prognosis for problems which arose as a result of this. The member suffered with pain to his right side for some years requiring physiotherapy and is left with dizziness and vertigo preventing a return to his employment. SLIPS An RMT member who suffered painful injuries when he slipped on ice whilst at work has received a compensation care package from the company responsible for gritting the platforms. The conductor had been carrying out his duties in December 2021 when he stepped off the train. However, as his left foot made contact with the platform, he slipped on a patch of ice which had not been treated despite the adverse weather conditions. He fell heavily to the ground, sustaining injuries to his wrist and elbows. He underwent an MRI scan which showed that he had also suffered soft tissue injuries resulting in pain, swelling, and bruising. Following his ordeal, the RMT member instructed workplace injury experts at Thompsons Solicitors to bring a claim for compensation against the insurer for Mitie Group PLC, the company that was contracted to provide winter maintenance services at the station. His legal team argued that had the platform been gritted in line with procedure, and if the appropriate warning signs warning workers of the risk of ice had been on display, his injuries could have been prevented. The insurers went on to accept responsibility for the incident, and our member later received an out of court settlement of £4,400 which reflected the severity of his injuries and the impact that they had on him personally and professionally. Cases such as this show the value of the union’s legal service, and it is hoped that the outcome will demonstrate the importance of carrying out winter maintenance on platforms to prevent similar incidents in the future. “Although this has been raised by the relevant employee council there appears to be no will or effort on Northern’s part or any other train operating company to give this work back to ticket office staff. The union needs to take this up urgently,” she said. John Leach thanked delegates for standing firm in the national rail dispute over the last two years. He gave an update on the current state of negotiations and explained that even though cuts had been pushed back it was not a victory and that if negotiations don’t go well then the union would be balloting members again. “The most significant feature of the dispute was a new generation of trade unionists have been with us for the first time. Younger people have got stuck in,” he said. John addressed the current dispute with Carlisle Support Services saying: “These members are involved in the most basic of fights for recognition. They do the same jobs as other workers on worse conditions. They are involved in a tough and vibrant dispute.” Stephen Morgan, shadow rail minister and local MP for Portsmouth South, thanked RMT members for the work the union had done in forcing the government to make a U- turn on ticket office closures and promised to repeal minimum service levels and other anti-union laws. “We are committed to bringing rail back into public ownership,” he said. COMPENSATION FOR RMT MEMBERS RMT provides a full legal service from day one of membership