Train & Railway Accident Claims

Personal Injury Lawyers London

  • “They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area.”

  • “The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.”

Many track workers are now employed by contractors in the railway industry. This sector is often non-unionised and worker rights can be an issue. Many track jobs can be mechanised but much of it still requires skilled and unskilled labour.

Injuries caused by engineering and track work

The work of repairing and maintaining track is usually carried out alongside a live line and so can be very dangerous. It is the job of those organisations who own and run the infrastructure (e.g. London Underground and Network Rail) to plan works so as to minimise the risk of accident and injuries. ‘Green Zone Working’ refers to the practice of closing off a working area so that workers and trains are physically segregated. On the Underground it is done by carrying out engineering work at night when the lines are closed. But this form of working is not always possible and ‘Red Zone Working’ is necessary. Here, the trains still run but there is a system to warn workers in advance of the train and a designated safe place for them to go until the train has passed. Office of Rail Regulation initiatives have produced improvements in track work safety records in the last few years but this work is still associated with fatal accidents, such as the one involving welder Charlie Stockwell who was hit by a train during red zone work in Reading in 2007.

Duty of care arising from employer and contractor

Direct employers have additional duties which include training and providing safety equipment and other work equipment in good condition. If an employee is injured during track work there may be a claim against his direct employer and against the main contractor or the infrastructure operator, depending on the breach complained of. For example, Osbornes acted for a worker who was employed by a company who were engaged in shotcreting a railway bridge; that work involved lifting some track and Mr C carried out the job with a crowbar because the correct piece of machinery was not available. One of the iron brackets holding a track sleeper was stiff and when he used more force a piece of metal flew into his eye. He suffered a nasty scratch to the cornea which caused temporary damage to his eyesight and prevented him from working for several weeks, by which time there was not contract work available to him for a further few weeks. The claim was directed to his employers because they failed to provide the correct work equipment and to compound that error they failed to provide eye protectors. They admitted the claim and settled the case for about £7000.

Post-traumatic claims by drivers

Train drivers and especially London Underground tube drivers face a particular and gruesome occupational hazard which is sadly more common than it should be, that of suicides on the track. It is understandable if even the most stoical driver suffers a post-traumatic stress reaction after witnessing such an event first hand, especially if it happens more than once.

Of course the driver’s employer is not liable for the traumatic event, but employers owe a general duty to take reasonable steps to protect their employees from foreseeable harm during the course of their work, and so those who employ train drivers; like emergency service, need to have systems in place to refer a driver for counselling or similar care after such an event.

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    • "They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"

      Chambers UK 2022

    • The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.

      Legal 500 2022

    • "A small but high-powered team, dealing with cases of significant value and complexity."

      Legal 500 2021

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • "Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."

    • "A superb boutique catastrophic injury firm."

      Legal 500 2021

    • "Really good at dealing with people who have suffered a serious injury."

      Chambers UK 2021

    • "Affable and charming with very good client-handling skills."

      Chambers UK 2021

    • "superb firm with consummate professionals and a human touch."

      Chambers UK 2021

    • Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.

      Legal 500 2020 - Personal Injury

    • The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.

      Legal 500 2020 - Personal Injury

    • Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.

      Legal 500 2020 - Personal Injury

    • A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.

      Legal 500 2020 - Personal Injury

    • Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.

      Legal 500

    • "Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."

      Chambers UK

    • "They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."

      Chambers & Partners Directory 2020, Personal Injury

    • "Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."

      Chambers UK

    • "Offers specialist expertise in cycling-related injury claims."

      Chambers UK

    • "Offers specialist expertise in cauda equina syndrome cases."

      Chambers UK

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."

      Chambers UK

    • "They are an outstanding firm to work with. They are consistently impressive in their work."

      Chambers UK

    • "Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."

      The Legal 500

    • "Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."

      The Legal 500

    • "The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."

      Legal 500 2019

    • "Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."

      The Legal 500

    • "Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."

      The Legal 500

    • Thank you for the hard work and patience and for being so patient with my constant questions.

      Personal Injury Client

    • "I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".

      Client Review

    • Very good efficient service. Would not hesitate to use again.

      Personal Injury Client

    • I will use Osbornes for any future needs.

      Personal Injury Client

    • I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.

      Personal Injury Client

    • Sam was excellent and very professional in dealing with our claim.

      Personal Injury Client

    • Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.

      Chambers UK

    • As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.

      Chambers UK

    • Ben Posford is one of the best catastrophic injury lawyers around.

      Chambers UK

    • They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous

      Chambers UK

    • Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.

      Chambers UK

    • My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.

      Personal Injury Department Client

    • I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.

      Personal injury department client

    • Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.

      Legal 500

    • Ben Posford ‘knows how to maximise the value of the claim for his clients’.

      Legal 500

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    For a free initial conversation call 020 7485 8811

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