Train drivers compensated after ground-breaking judgement
Three train drivers have been awarded a sum of compensation, after sustaining injuries while at work.
The drivers all developed a condition which is often caused by pressure on a nerve in the wrist resulting from repetitive wrist action. This happened while they operated trains in Wales Carmarthen Depot, in their line of work.
The ground-breaking judgment brought out by the case, within the Swansea County Court, paved the way for train divers across Britain to receive compensation claims for any personal injuries to their hands, and leaves them permanently disabled.
The decision initially affects the three members of ASLEF, the train drivers' union who contracted the condition, Carpal Tunnel Syndrome (CTS), but has wide implications for their colleagues throughout the UK.
The CTS condition, affecting all the three drivers, is rare and it is unusual for three drivers to be affected in a depot of 50. They drove a number of locomotive train models throughout South Wales along the Heart of Wales lines.
Train drivers seek compensation
Following a diagnosis, the drivers contacted their union ASLEF, which instructed a legal firm to pursue a claim for compensation for the affected drivers.
During the case, the company denied liability saying that the injuries were not caused by working conditions and the union pursued the claim through the courts.
The union argued that the symptoms were caused by repetitive work, adopting awkward wrist postures and operating brake and power controls in cramped conditions.
The members had complained of inadequate seats with little or no adjustment and no arm rests. One of the train drivers aged 43, discovered that he suffered from CTS in 2004. He said the condition forced him to take more than 10 months off work.
He said: "It is a great relief that the judge has supported our argument. CTS forced me to go on the sick for a number of months and as a result I became depressed. The fact that three of us in the same depot all developed this condition shows that more should have been done to improve our working conditions."
Injuries were work related, states judge
Following a five-day trial, his Honour Judge Vosper, found all three members suffered from CTS and he ruled it was work-related. He said the firm had failed to assess the drivers' working conditions for risks and to put preventative measures in place.
The drivers were successful in their case and will share over £22,000 in damages for the personal injuries that they sustained.
ASLEF's general secretary Keith Norman said: "This is a fantastic result for our members and sets a precedent for all train drivers across the country who suffer from CTS. These three drivers deserve our praise for sticking with this case and I'm proud of all the union's local and regional officials for persisting with it.
"Employers should ensure they put proper risk assessments in place to make sure all rail workers have the safest conditions possible."
Additionally, Bill Gasson from the legal firm, said: "This is a great victory for train drivers who work in cramped and awkward conditions. Arriva Trains Wales failed to risk-assess the work system and the ergonomic conditions of the cab. The firm even failed to take the most modest of measures to prevent or significantly reduce the risk of injury to drivers."
Updated on 12/5/2009