TSSA member compensated after accident at work
“This was always about getting the company to change a bad system. It was never about the money,” says Jacqueline, an engineer with a rail maintenance firm. Jacqueline had been walking through a public area of a station when she slipped in on an unmarked wet floor area and badly fractured her wrist.
“A passenger had spilled a carton of juice on the floor about 10 minutes before I arrived. The midday cleaning supervisor had already mopped up the spillage and asked a colleague to retrieve a warning sign for her to put up. Although the weather was dry, there had been a few incidents throughout the station and she had used all the warning signs on her cart. The colleague then got diverted with other tasks and the cleaning supervisor was asked to attend to something else by the station manager. She told him she couldn’t leave without putting up the sign, but he called back saying his problem was more urgent and she had to attend straight away.”
The cleaning supervisor asked another member of the station staff to warn passers-by of the wet floor until a warning sign could be set up.
“I think the cleaning supervisor was trying very hard to do the right thing, but the station manager is known for being a bit stroppy. If she hadn’t gone the second time he called … well, let’s just say she felt the smart thing to do was whatever he wanted.” The other member of staff who had been asked to watch the area had seen Jacqueline approach. Just as she was nearing him, a passenger diverted his attention with an enquiry and Jacqueline walked straight into the still damp area, slipping and falling to the floor.
“Because of the nature of my job,when I go to stations I don’t travel light. I have documents with me, a laptop, my mobile, all the safety gear including two different types of footwear in case I need to get out on the tracks or into the substations. I was laden with my bag and the paraphernalia and when I slipped I went down like a ton of bricks. I tried to put my hand out to cushion the fall and that’s how I got a displaced fracture in my wrist,” says Jacqueline. “The cleaning supervisor was mortified when she heard about my fall, and she came to me straight away to say sorry. But honestly, she was not to blame. The station manager should have given the spillage priority. What if this had happened to a passenger or some other member of the public? The cleaning supervisor was trying to do the right thing.”
After noticing a report in TSSA’s Journal magazine, Jacqueline decided to make a call.
“My job revolves around maintaining every last detail of lineside equipment so that the network can work as smoothly as possible. Yet I fell and got hurt because someone who should know better decided to over-ride a safety measure. I guess he’ll think twice before trying that again.” Jacqueline was put in touch with John at Morrish Solicitors, TSSA’s legal experts in accident and injury claims. John contacted the employer, alleging they had failed to take reasonably practicable measures to maintain a safe work environment, had breached regulations and their duty of care to an employee.
“As well as the fracture, my right thumb already had arthritis which was exacerbated by the accident. I didn’t need to take much time off work, but I did have to move to light duties, which I was not happy about.”
After initial negotiations, the employer accepted liability for the accident and agreed to pay damages for her injuries and financial loss. Shortly before the case was due in court Jacqueline accepted a damages offer of £9250 plus payment for physiotherapy and damage to her property. “What I really wanted was for the station manager to say to me ‘Sorry, that was my fault’. He never has, of course, but the Regional Director has since put new systems in place so that front line staff can put safety first without feeling they are risking their livelihoods.”
Based on a real-life story. Some details have been altered to protect the identity of the victim.
Source: TSSA Journal
