ASLEF member receives pay-out after being represented by Thompsons Solicitors
The ASLEF member was told by his employers to exit his train in the sidings, a short stretch of rail track used to store a train, which meant he had to walk along a pathway that runs adjacent to the rail line. As he did so, he tripped on a retainer board that was sticking up, and fell.
In the fall the 56-year-old fractured his left calf bone and dislocated his ankle joint. He spent nine nights in hospital, six weeks in a cast and had to use crutches for four months. In the end he was forced off work for almost six months.
Following the accident, the train driver of more than 40 years contacted ASLEF, who instructed Thompsons Solicitors to investigate a claim of compensation for their member.
The man said: “My foot got caught on the board and the instant pain to my ankle was horrific. I’m still feeling the effects today, my leg aches constantly.
“Despite working for the company for 20 years and despite my being injured following their instruction on where to leave the train, I didn’t have a single phone call from my employer while I was sick. I don’t feel I was treated with the respect I deserved after so many years of service.”
ASLEF general secretary Mick Whelan said: “Our member has been a hard-working train driver for more than four decades but he was failed by his employer.
“A simple risk assessment would have highlighted the potential danger that a board protruding from level ground could pose. Instead, the risk was ignored and our member suffered a traumatic accident and injuries that continue to cause disruption to his life.”
Angela Staples, from Thompsons Solicitors, said: “It’s actually quite simple for companies to stop accidents like this happening: make sure that there aren’t boards jutting out to trip up employees and if they are either get rid of them, signpost them or don’t insist employees walk past them. Workplace safety standards and regulations are in place for a reason, and companies that choose to ignore them should be held accountable.”
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