27th July 2009
A train driver suffered a fractured ankle in an accident at work that was his employer’s fault. Our specialist lawyers acted on his behalf in a personal injury claim and he was awarded compensation.
Our client was working late at night, inspecting a locomotive that was due to be driven by another driver. Normally these checks are carried out in an area within the depot that has overhead lighting, however the previous driver had left the locomotive in the wrong place. Our client was therefore sent out with a hand held torch to walk along the railway lines in an area that was almost completely dark.
Rabbits and other animals were known to often dig holes in the area and in the course of his inspection the claimant stepped into one and fell over, fracturing his ankle.
The injured driver felt that his employer was responsible for the accident, as they failed to take sufficient health and safety precautions to prevent his injury at work.
The lighting in the area was below industry standard and the four-weekly inspections that our client’s employer carried out were not sufficient to prevent accidents, considering that they were aware of the problems presented by animals digging holes.
It was held by the Judge that the lighting was not good enough for the task our client was carrying out and accepted that it was not sufficient when taking into account the ground conditions. The claimant was awarded compensation in respect of his personal injury and related losses.
If you have suffered a personal injury in a workplace accident, you may be entitled to make a compensation claim.
Our specialist personal injury lawyers can provide you with expert accident claim advice and assistance on a cost free basis. Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online.