Claimant: James Burns
Claim: Accident at work West Lothian
Mr Burns worked at Eurocentral, Mossend and his job involved unloading new cars from locomotive transporters.
On the day of his accident Mr Burns required to climb down from the locomotive onto the track side because the vehicle he was attempting to remove would not start. There were no steps and no handrails and Mr Burn fell and fractured the bone in the top of his leg (the femur).
At first the employers refused to pay Mr Burns compensation because they said that they had done nothing wrong.
Mr Burn’s lawyer, Patrick McGuire, would not accept this. He carried out a great deal of personal research into the designs of rail locomotives which led him to the conclusion that there was a great deal that the employers could and should have done, in design terms, to ensure that Mr Burns was not exposed to the risk of injury.
Patrick McGuire instructed an expert report from an industrial engineer who specialised in the design of locomotive rolling stock to confirm the position. Mr McGuire’s research and the engineers report convinced the insurers to make payment to Mr Burns of £35,000 in compensation.
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