In a remarkable case demonstrating the importance of workplace safety, a freight train driver has successfully secured a £375,000 settlement following a debilitating accident at work. Represented by Thompsons Solicitors, the client’s journey underscores the devastating impact of employer negligence and the challenges of pursuing justice against a determined defender. The driver, an RMT member, was employed by Freightliner at the time of the incident.

The Accident

The incident occurred in January 2019 at the Coatbridge Depot when the freight driver was alighting a locomotive. In the darkness of an inadequately lit yard, the driver slipped and fell approximately five feet from the locomotive steps, landing heavily on a railhead. Despite following proper safety protocols, including maintaining three points of contact and wearing PPE, the lack of reflective markings, poor step design, and insufficient lighting led to a catastrophic injury.

The accident resulted in a comminuted fracture of the talus bone in the driver’s left ankle. This required multiple surgeries, including fusions and corrective osteotomies, to address ongoing malalignment and debilitating pain.

The Legal Battle

Liability was persistently denied by Freightliner, who argued the accident was entirely the driver’s fault. However, Thompsons Solicitors identified critical failings, including:

1. Lack of risk assessments for alighting procedures.
2. Insufficient lighting in the yard, with evidence of non-functional depot lights.
3. Absence of reflective strips or markings on the locomotive steps.
4. No safe walking routes at the depot.

The defender initially offered £80,000 in settlement during the pre-trial meeting in August 2022, a figure that grossly underestimated the life-altering impact of the injuries. With Thompsons' persistence and the imminent proof date, the case ultimately settled for £375,000 just weeks before the scheduled court appearance.

The Medical Toll

Medical reports by an orthopaedic expert and a psychiatric expert highlighted the profound physical and psychological impacts of the injury:

Physical Impacts:

1. Multiple surgeries to correct ankle fractures and malalignment.
2. Lifelong limitations on mobility, including restricted walking ability.
3. Inability to return to train-driving duties due to emergency walking requirements.

Psychological Impacts:

1. Development of an Adjustment Disorder with Anxiety and Depression.
2. Sleep disturbances, flashbacks of the incident, and increased irritability.
3. Social withdrawal and difficulty managing financial and familial responsibilities.

The psychiatric expert recommended continued treatment, including medication for chronic pain and depression, as well as psychological therapy to support recovery.

The Impact on Life and Career

Before the accident, the driver had spent over a decade building a career as a freight train driver. Following the injury, he was deemed medically unfit to continue in his role due to the physical demands of the job, particularly the need to walk over a mile in emergencies.

The settlement reflects compensation for significant wage loss, medical expenses, and the ongoing limitations imposed on his daily life. While he has transitioned to a desk-based role within the rail industry, his reduced earnings and restricted mobility have left a lasting impact.

A Statement from Robert Cranston

Robert Cranston, Associate at Thompsons Solicitors, remarked:

“This case was a testament to the importance of holding employers accountable for workplace safety. The defender’s refusal to acknowledge their failings was disheartening, but we were determined to secure justice. This settlement provides financial security for the freight driver and highlights the critical need for robust safety measures in high-risk environments.”

Lessons Learned

This case underscores the necessity for all workplace incidents to be reported and investigated thoroughly. It also highlights the persistent dangers posed by inadequate safety measures, such as poor lighting and unmarked steps, which employers must address proactively.

Thompsons Solicitors is committed to ensuring justice for injured workers, no matter how tough the fight. If you or a loved one has been injured at work, contact our No Win No Fee specialists at 0800 0891 331 for expert legal advice.