WINNING AT WORK

An RMT member who suffered a broken ligament to the middle finger on her right hand while tackling a fare evader has received compensation following her ordeal. The injury occurred when a passenger forced open the ticket barrier the member was staffing, overstretching the middle finger, causing significant damage. The RMT member instructed workplace injury experts at Thompsons Solicitors to bring a claim for compensation and it was possible to negotiate a satisfactory settlement without court proceedings. The insurers accepted responsibility for the incident, and our member received an out-of-court settlement of £10,924.75, reflecting the severity of her injury and its impact on her personal and professional life. The successful recovery of damages in this case underscores the importance of the union’s legal services. Additionally, it is hoped that this outcome will assist health and safety reps in the workplace and help prevent similar accidents in the future. This case demonstrates that the union is committed to taking on cases that claim companies and no win/no fee solicitors might not, ensuring members receive the support and justice they deserve. TUBE NOISE An RMT member who suffered a noise-related injury at work has received a financial settlement in relation to the incident. The incident occurred when the member, operating a 1972 Tube Stock train, was unable to switch off the high- tone whistle in the cab. The member sounded the high-tone whistle as a warning to staff on the tracks. However, the toggle that activated the whistle became stuck, and the whistle continued to sound. Unable to silence the whistle, the member radioed control. To explain the situation and receive instructions, the member had to remove his hearing protection, exposing him to harmful levels of noise. This excessive noise led to stress, constant earache, headache, and bilateral intrusive tinnitus. Following his ordeal, the member instructed workplace injury experts at Thompsons Solicitors to bring a claim for compensation. Despite the defendant's denial of liability, expert evidence was obtained from an engineer specialising in occupational noise exposure and a medical expert in the field of hearing damage. The defendant’s insurers initially refused to negotiate a settlement, necessitating the commencement of court proceedings but a settlement was reached without the need for a trial. SIGNALLER WORKPLACE INJURY An RMT member who suffered injuries while employed as a signaller has received compensation from his employer, Transport for Wales. The member was walking towards the signal box in an area that was dark due to lights being in disrepair—a hazard that had previously been reported. He lost his footing and fell, landing on his left arm, which pulled on an anti-slip on the stairs, resulting in injury. An adequate risk assessment and timely repairs to the lighting could have prevented the incident and injuries. Following the incident, the lights were repaired. The member instructed workplace injury experts at Thompsons Solicitors to bring a claim for compensation. The defendant admitted liability and a medical expert determined that the member sustained grazing to both forearms and elbows. The injuries took about four weeks to heal, leaving scarring. The accident also accelerated pre-existing arthritis in the left elbow by up to one year. Settlement negotiations resulted in the member receiving a settlement award of £7,000, reflecting the severity of the injuries. RMT helpline 0800 376 3706 :: september/october 2024 :: RMTnews 20 LEGAL SUPPORT FOR RMT MEMBERS AT EMPLOYMENT TRIBUNALS If you are experiencing difficulties in the workplace and need advice regarding a potential employment tribunal claim contact the union. In the first instance, ensure that you contact your local RMT Representatives or Regional Organiser. Then complete an L2 – Request for Legal Assistance (available on-line) and send it to your Regional Office with all supporting documentation. RMT’s legal department deals with virtually all cases from assessment to the case’s conclusion at a tribunal for members across England and Wales. The legal department has also submitted claims to Employment Appeal Tribunals. The in-house legal department is now firmly established and employs four solicitors and continues to advise and support members in their work-related criminal cases in the Magistrates Court. This often involves defending members against false allegations made by the public of assault, false allegations of theft and alleged driving offences. Furthermore, it continues to offer tailored advice and support for bus and taxi drivers, in respect of their licensing issues, licensing appeals before the Magistrates Court, driving offences, and in respect of appearances before Traffic Commissioners. The In-house legal department continues to strive to deliver a first-class service to all of members. They are committed to provide a strong service to assist the union through the ever-changing legal landscape and their successes have grown yearly. Your Free legal service covers: • Employment Law – provided by the RMT Legal Department • Access to Personal Injury Lawyers – where 100 per cent of compensation is kept by members. • Access to a basic will service. • Access to special terms for conveyancing, probate, powers of attorney. • Access to special terms for family law related matters. The contact number for the legal department is 020 7084 7260 or go on-line to rmt.org.uk/about/legal-services/ RMT members enjoy full representation in compensation cases without legal fees WINNING AT WORK