We recently were successful in obtaining substantial compensation for a train-driver who suffered a serious foot and ankle injury in the course of his employment. When he encountered a red signal, he required to stop the train, get off and walk to the signal-box along a designated walkway, and use the telephone there to call the signaller for advice as to the cause of the red light.

As he descended from the train, to walk to the signal box, the ballast (stones) beside the railway track gave way under his foot. He slid away from the track and would normally have been able to regain his balance. However, a length of unused rail-track had been left lying on the ballast. Our client's foot was caught under the rail and he fell over it, badly twisting his ankle.

Although he did not suffer a fracture, he suffered a significant injury to the soft tissues in his foot and ankle and went on to develop Chronic Regional Pain Syndrome which caused extreme pain, sensitivity and disability. His day-to-day life was grossly impaired and he consequently suffered from depression. As a result of the physical injury in particular, our client was not able to return to work as a train-driver. He was severely restricted in the range of jobs that he would be able to undertake in the future, on account of his disability and his pain levels. He claimed compensation for his pain and suffering, his past and future wage and pension loss and the assistance which his wife had had to give him after the accident as a result of his injury.

Our client sued his employers (for having failed to provide him with a safe place of work) and the company which occupied the accident locus and was responsible for having left the obstacle next to the rail-track. Liability was disputed by both of them but, after the production of strong expert witness reports and medical evidence, the defenders reconsidered their position and entered into negotiations with us. We were delighted to secure a substantial six-figure settlement for our client.

If you have had an accident at work and would like some advice about whether you can claim compensation, please contact our Litigation Team.