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Network Rail Accidents – Can I Claim?

Network Rail is a huge organisation, employing over 40,000 people. However, each year a large number of people suffer accidents and injuries at work. Sometimes, these incidents occur through no fault of their own, and sometimes because of the failings of Network Rail.

In this guide, we take a look at what you can do if you get injured in a Network Rail accident. We look at your legal rights, how to make a personal injury claim for compensation, and how our No Win No Fee solicitors can help you.

If you’d like to get advice on your case now, you can call us for free on:

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Advice On Claiming Compensation For A Network Rail Accident

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Legal Expert’s Research Into Accidents At Work At Network Rail

Network Rail is the owner, operator and developer of Britain’s railway network and infrasturtucre. It’s responsible for over 20,000 miles of tracks, 30,000 bridges, tunnels and viaducts, and is also responsible for the likes of level crossings and stations. It employs just over 40,000 people.

Accident at work claims have cost Network Rail £1,935,637.35 in the last year, can confirm after making a Freedom of Information request to the organisation.

A total of 1,697 accidents were recorded under Network Rail’s Safety Management Intelligence System (SMIS), with slip, trip or fall accidents amongst the leading causes.

Other causes recorded included:

As we’ll explain in greater detail below, Network Rail owes a duty of care to its employees as per the Health and Safety at Work etc. Act 1974 and must take reasonable steps to ensure employees are safe in the workplace.

An accident at work claim may be a justified course of action if this duty is breached, resulting in an employee being injured.

You can read the full response to our Freedom of Information Request here.

Can I Claim For A Network Rail Accident?

Network Rail employs a significant number of people in a variety of roles, such as:

  • Project engineer
  • Signaller in a rail operating centre
  • Project management assistant
  • Technician
  • Operative

Network Rail has a duty of care to ensure the safety of their employees and must take reasonable steps to avoid accidents happening. This duty is set out in the Health and Safety at Work etc. Act 1974, mentioned above.

If your employer has not put in place the appropriate health and safety measures and you have had an accident at work, Network Rail might be liable for the injuries you’ve suffered.

It’s important to prove that Network Rail’s failings either caused or contributed to the accident and injuries and this is done through evidence. We explain more on this below.

How Long Do I Have To Claim Compensation After A Network Rail Accident?

As well as proving that Network Rail was at fault for the accident, you also must take legal action within a certain period of time. This is 3 years from the date of the accident.

So if you got injured in an accident on 10th March 2023, you’d have until 10th March 2026 to issue court proceedings.

There are exceptions to this. For those under the age of 18, for example someone working as an apprentice, the time limit doesn’t apply until they turn 18. It then runs until their 21st birthday.

If in the accident at work the injured person loses their mental capacity, the time limit is also frozen until they regain that capacity.

In the case of both exceptions, a litigation friend can take legal action on behalf of the injured person.

Accidents While Working For Network Rail

Whilst you might feel awkward making a claim for compensation against your employer for an accident at work, Network Rail has a duty of care and there should be certain procedures in place.

As we’ve found through our Freedom Of Information Request, there are a number of different causes of accidents that Network Rail employees could get injured in. Let’s take a look in more detail:

  • Slips, trips and falls at work – These types of accidents are by far the most common type of workplace accident and Network Rail’s response to our FOI request confirmed this was the case with them too. Slips can be caused by spillages that haven’t been cleaned up or by the likes of ice or snow. Trips can be caused by cluttered walkways and obstructions.
  • Burn injuries – It’s possible for people to suffer burn injuries when working around the likes of blow torches and welding equipment, especially in factories or workshops or while working on railway lines.
  • People being trapped – Network Rail also reported that some people were injured by being trapped. This could be caused by the likes of falling objects pinning people down. Such incidents could cause serious crush injuries.
  • Manual handling – With lots of heavy lifting required in certain Network Rail job roles, it’s important that the correct safety measures are in place, such as manual handling training and devices used for heavy lifting.
  • Electrocution – With Network Rail looking after the infrastructure of the railway system in the country, it’s not uncommon for staff to come into contact with electricity. It’s vital that correct safety measures are put in place to minimise the chance of any electric shocks.

This list is by no means exhaustive but gives an idea of the types of accidents Network Rail employees could suffer an injury in.

For more information and advice on your accident at work case, please get in touch.

How Can I Prove A Personal Injury Claim Following A Network Rail Accident?

Claiming compensation for a Network Rail accident and injury can be complicated but there are a number of steps that you can take that will help with the claims process.

To give your claim the best chance of sucess, it’s important to gather evidence. Here’s a breakdown of some of the best pieces of evidence you can supply your personal injury solicitor with:

  • If you sought medical attention for any injuries you have sustained, any letters from your GP or hospital will help.
  • If possible, you should also try to collect photographic evidence of the scene of the accident and any causes
  • If there were any witnesses to your accident, collect their contact information so that they can be contacted in the event that witness statements are required
  • Keep copies of any paperwork that you get that relates to any expenses you have incurred as a result of your injuries. This will probably include both invoices and receipts

If you need any advice on what evidence to obtain for your accident at work claim, please don’t hesitate to get in touch.

Compensation Payouts In Accident At Work Claims

Every compensation claim is different and each one is judged in its own unique set of circumstances.

However, it’s still possible to get an idea of what you could receive for different injuries. We have included a table below to help illustrate this.

The actual amount that you may receive will vary from case to case, so please refer to this table only as guidance. Our best advice is to get in touch. Once we know more about your Network Rail accident claim then we can provide more tailored support.

Compensation type Usual Award Description
Anticipated earning/wage loss £10,000 to £400,000 This covers the potential future earning/wage loss during the period you are expected to be unable to attend work
Suffering/Pain £1,000 to £200,000 This covers the suffering/pain you are deemed to have been through
Minor injuries £1,050 to £1,860 Recovery within 90 days
Minor injuries £525 to £1,050 Recovery within 4 weeks
Minor injuries A couple hundred pounds to £525 Recovery within a week
Neck injuries £ few hundred pounds – £112,750 Higher payouts are for the worst injuries. Prognosis, pain, disability and exacerbation of pre-existing conditions will be taken into account when calculating compensation.
Back injuries £ few hundred pounds – £53,000 Spinal cord damage sees higher amounts. Again, prognosis, pain, disability and exacerbation of pre-existing conditions will be taken into account when calculating compensation
Shoulder injuries £ few hundred pounds – £36,500 Brachial plexus injury sees a higher amount while pain, disability, prognosis for recovery and pre existing conditions being made worse will be used to determine the amount awarded.

The figures you can see above are taken from the Judicial College Guidelines (16th edition), a document used by personal injury solicitors to help them value injuries.

Can I Claim For A Network Rail Accident On A No Win No Fee Basis?

If you want to take legal action you may be pleased to hear that we offer a No Win No Fee claims service.

No Win No Fee means you do not have to find the money to pay your legal fees upfront or while the claim progresses. This can help ease any financial worries at a time when you may already be under a great deal of stress.

If we are unable to secure you a payout for you then you will not have to pay anything. This should offer you great peace of mind as we proceed with your claim.

If you would like to discuss exactly how our No Win No Fee agreements work in the context of claiming for a Network Rail accident, please contact us.

How Legal Expert Can Help You

We have years of experience working with personal injury compensation claims, which means we are uniquely placed to help you with your case.

Over the years our team of experienced experts has been instrumental in claiming millions of pounds worth of compensation for our clients.

Our free consultation provides a good starting point for your compensation claim and will help us to make sure that we have all the fact so that we can strive to achieve the best possible outcome for you.

We understand that it is important to make sure that you feel at ease throughout the claims process. You are our priority and can be assured that you will be treated with the care and consideration that you deserve.

When it comes to a firm who are experts in their field, have the experience you need and can help you to maximise your compensation claim payout, then look no further than Legal Expert.

Make A Personal Injury Claim Today

If you have recently been a victim of a Network Rail accident, and you want to make a claim then please get in touch with us on 0800 073 8804.

We will begin by assessing your case on a free no obligation consultation basis, and then one of our experienced claims handlers will be able to proceed with your claim.

Whether you have suffered a slip, trip or fall accident or have been burnt or scalded as a result of an injury caused by hot food or drink on the train we are here to help you with your compensation claim.

Helpful links On Network Rail Accidents And Compensation Claims

Below, you can find more information on making a claim following a Network Rail accident:

Slip Trip Fall Guide – Making a claim – If you been involved in a slip, trip or fall this link contains useful information regarding the possible amounts of compensation you might be able to claim as a result of your injuries.

NHS Guide to Burns and Scalds – Burns and scalds can be painful, sometimes they are more severe than you initially realised the NHS page provides important information on the symptoms of scalds and burns, how to treat them and most importantly when to seek medical attention.

Food Guidelines for those serving food and beverages – Just like any establishment that provide food, Network Rail have a duty of care to their customers when it comes to the food they offer. If you have had a problem in this respect this link will help you report them to the relevant team.

Network Rail – Safety Approach – This link contains information you might find useful on the Network rail safety vision.

Train Station Accident Claims – Have you had an accident in a train station? find out how much compensation you can claim.

Remember, if you need any more advice on what to do after a Network Rail accident, get in touch.

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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