No speed restrictions were put in place
The rail union ASLEF member was injured after his employers, London Underground, ignored his and his trade union's concerns about the condition of the railway lines on the Jubilee Line near Kingsbury Station.
Work was being carried out on the line but no speed restrictions were put in place to prevent the train from being jerked around on the uneven track.
The train's speed is set automatically and as it went across the damaged track at 35 mph the driver’s foot became trapped and twisted under the foot rest in the train cab.
His injury meant he had to use crutches for the next eight weeks, was unable to work or drive a car and relied on his family for help.
When he did return to work he was put on light duties for several weeks before returning to his regular role.
He still suffers pain in his foot, which prevents him from riding his motorbike. Doctors have said that he is likely to suffer from the pain the rest of his life.
Thompsons Solicitors investigated claim for compensation
Following the accident he contacted his trade union which instructed its lawyers, Thompsons Solicitors, to investigate a claim for compensation.
Thompsons argued that a speed restriction should have been enforced before the accident. It was only put in place after the injury.
London Underground admitted liability and settled the claim out of court.
The ASLEF member said: "A number of us from North Greenwich depot had spoken to management about this particular stretch of track because we thought a speed restriction should be in place until the works were finished. Our complaints were ignored and I ended up injured and off work. The restrictions were eventually put in place but by then it was too late for me."
Mick Whelan, ASLEF’s general secretary said: "As a trade union we had warned London Underground about this particular stretch of track which was being maintained and called for urgent measures to be put in place to make sure the trains running on the line were safe for both drivers and commuters. This is just the sort of accident we were worried about."
Shivani Vadukul from Thompsons Solicitors added: "Employers need to take the concerns of its workers and trade union partners seriously. As this case shows, often it is the people on the ground who can see the health and safety flaws in an organisation. Their concerns must be listened to, to avoid this type of accident from happening."
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