Thompsons secured £375,000 in compensation for a freight train driver who suffered a serious ankle injury after falling from a locomotive at a depot in Coatbridge. The RMT member was injured while leaving the locomotive during the course of his duties, and Thompsons pursued the claim against his employer, Freightliner.

What happened

The incident took place in January 2019 at the Coatbridge Depot. The claimant, a freight train driver employed by Freightliner, was alighting from a locomotive while carrying out his normal duties.

The yard was poorly lit and visibility was limited. As the driver stepped down from the locomotive, he slipped and fell approximately five feet from the locomotive steps, landing heavily on a railhead.

At the time of the incident, he was following appropriate safety procedures, including maintaining three points of contact and wearing personal protective equipment.

Injuries and Impact

The fall caused a comminuted fracture of the talus bone in the claimant’s left ankle.

He required multiple surgical procedures to address the injury, including fusions and corrective osteotomies to treat malalignment and ongoing pain.

Medical evidence confirmed that the injury left him with long-term limitations on mobility and restricted walking ability.

Psychiatric evidence also confirmed that the accident led to the development of an Adjustment Disorder with anxiety and depression. He experienced symptoms including sleep disturbance, flashbacks of the accident, irritability and social withdrawal.

What went wrong

During the claim, several safety concerns relating to the depot environment were identified.

Evidence showed that the yard had insufficient lighting, including depot lights that were not functioning properly. The locomotive steps did not have reflective strips or markings to improve visibility in low light conditions.

There was also evidence that risk assessments relating to the process of alighting from locomotives had not been carried out and that there were no clearly defined safe walking routes within the depot.

Legal Approach

Thompsons Solicitors Scotland pursued the claim on behalf of the driver after being instructed through his union, RMT.

Liability for the accident was denied by the employer, who argued that the incident was the driver’s fault.

Thompsons obtained expert medical evidence from both orthopaedic and psychiatric specialists to assess the full impact of the injuries.

Court proceedings were raised and the case was progressing towards proof when settlement negotiations took place.

Outcome

At a pre-trial meeting in August 2022, the defenders offered £80,000 in settlement. Thompsons advised that the offer did not properly reflect the seriousness of the injuries or the long-term consequences.

As the proof date approached, further negotiations took place.

Thompsons secured £375,000 in compensation for the claimant shortly before the scheduled court hearing.

What this case shows

This case demonstrates the serious consequences that can arise when workplace environments are not properly maintained and hazards such as poor lighting and unsafe access routes are not addressed.

Workers who suffer injuries because of unsafe conditions may be entitled to pursue compensation through accidents at work claims. Thompsons can often support clients through the claims process under a No Win No Fee agreement.

Anyone seeking advice after a workplace accident can contact Thompsons to discuss their situation.