Train & Railway Accident Claims
Make a Railway Accident Claim for Compensation
Sophie Davies Partner
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 to minimise the risk of accidents and injuries at work claims ‘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 no 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, 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.
Accident At Work Expertise
- Accidents In The Office
- Catering And Kitchen Injury Claims
- Construction Accident Claims
- Farm Accident Claims
- Forklift Accident Claims
- Industrial Injury Claims
- Garage And Motor Repair Injury Claims
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"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"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
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.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"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."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
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.
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.
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.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
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.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"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."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"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 hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
Thank you for the hard work and patience and for being so patient with my constant questions.
"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".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
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.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
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.
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.
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.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
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Basement fatality convictions highlight health and safety regulations
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Our Personal Injury Team View the whole team
Rob Aylott Partner
Personal Injury Solicitors
Sam Collard Partner
Personal Injury Solicitors
Sophie Davies Partner
Personal Injury Solicitors
Nicola Hall Associate Solicitor
Personal Injury Solicitors
Andrew Middlehurst Associate Solicitor
Personal Injury Solicitors
Laura Swaine Associate Solicitor
Personal Injury Solicitors