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18th February 2011

Train firm who failed to fix faulty equipment pays compensation

Back Injury caused by accident at work

An Aslef trade union member who damaged his back in a workplace accident has received £3,175 in compensation after help from Thompsons Solicitors.

The train driver from Cardiff was forced to take six weeks off work after he damaged his back whilst trying to open a faulty roller door to access fuel pumps.

Colleagues at DB Schenker Rail UK Ltd had complained about the door for a number of weeks but nothing was ever done to fix the problem.

On the day of the accident the 47-year-old had twice called the control desk at East Usk Rail Yard to ask for help but was simply told to go to the site and try to open the door on his own.

As he tried to pull up the roller shutter he felt his back twinge and he suffered a strain.

Accident resulted in six weeks off work

The injury meant he had to take six weeks off work and needed to take pain killers. He has been told his injury will heal by May this year.

Following the accident he contacted his trade union, Aslef, which instructed its lawyers Thompsons Solicitors to pursue a claim for compensation.

Thompsons argued that the roller doors should have been repaired as soon as the problem was highlighted.

DB Schenker Rail admitted liability and settled the claim out of court.

The Aslef member said: “My bosses knew there was a problem with this door but they never fixed it and because no-one was available to help me I ended up injured and had to take the first substantial sickness leave in over 30 years on the railways.

“I hope by claiming compensation that they will take notice of complaints and make sure faulty equipment is fixed quickly.”

Accident could have been avoided

ASLEF general secretary Keith Norman said: “Our members need to be confident the equipment they are working with is safe and in good working order – and not a trap to hurt them.

“A simple repair to a door which the employers knew was faulty would have avoided this member unnecessary pain and inconvenience.”

Clare Nash from Thompsons Solicitors in Cardiff added: “Our client suffered a painful back injury that whilst it hasn’t yet cleared up is thankfully not going to have lasting consequences but it did mean he had to take considerable time off work. Had it been worse he could have been facing unemployment as a result of his injuries when the problem was well known and the accident entirely avoidable.”

Workplace Accident Compensation Claim Advice

If you or anyone you know has suffered an accident at work, telephone us now for accurate claim advice.

There are strict time limits in place to make any personal injury claim. For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.

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