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News Desk | News Story
29th March 2010
RMT worker receives compensation after serious safety faults
Suffered extensive injuries to wrist
An RMT member who suffered extensive injuries to his wrist after his employer exposed him to a risk they knew was dangerous has received a substantial sum in compensation.
In July 2005 Maurice Marshall, 51, from Newark in Nottinghamshire who was employed by Network Rail Infrastructure Ltd was standing at an authorised access point opposite the railway tracks. He had picked up a shovel when the 6.30am Derby to Barnsley train passed by. The shovel was caught by the train’s slip stream and his right hand was snapped back.
Mr Marshall suffered open fractures of the radius and ulna in his wrist which has resulted in lack of movement, grip and strength. He has had three operations and two skin grafts on his wrist following the accident.
He still works for Network Rail as a trackman but will be on light duties for the rest of his working life as he has limited movement in his wrist and cannot lift more than five kilos.
Pursue a claim for compensation
Network Rail track inspectors had already highlighted that the access point was dangerous and should be moved, but nothing had been done to warn employees.
Following the accident Mr Marshall contacted the RMT which instructed its lawyers Thompsons to pursue a claim for compensation.
Mr Marshall said: “My wrist was in a horrendous mess and I had to have three operations to fix it. It’s now as good as it’s going to get but I still don’t have full use of the hand. I can’t lift anything heavy and I’m on light duties.
“I can no longer take part in the hobbies I used to enjoy and I can’t play football with my grandchildren for fear that I will fall on my wrist.”
Network Rail admitted liability and settled the claim out of court.
Inherently dangerous job
Bob Crow RMT general secretary said: “Track maintenance staff have an inherently dangerous job. That is why it is ludicrous to be threatening to get rid of 1,500 of these safety-critical staff. Safe access points are vital to ensure workers are kept safe from trains, which often pass at high speed.
“This access point had been assessed and recommendations made that it should be moved. Unbelievably Network Rail did not act immediately on those recommendations and Mr Marshall will live with the consequences of that failure for the rest of his life.”
Carol Wild from Thompsons Solicitors added: “Mr Marshall suffered a horrendous injury which has caused huge personal suffering for him and has implications on the type of work he is able to do and what he can do socially for the rest of his life. His employers knew there was a problem with the access point and yet they did nothing to make it safe.”
Compensation Claim Advice
If you or anyone you know has suffered an injury 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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