• 1 September 2010

Train driver receives £80k after work accident

by Macks Solicitors

A train driver who sustained severe back injuries after falling off a chair has been awarded nearly £ 80,000 in compensation from Arriva Trains Wales, according to his solicitors.

Martin Syms from Porth, Rhondda, employed by Arriva at the time, was sitting in a plastic moulded chair, when it collapsed causing him to fall heavily on his back.

Mr Syms’ solicitors said that at the time of the accident he was on his break and chatting to colleagues in the mess room on platform 7 at Cardiff Central Station. He was sitting in a plastic chair which collapsed underneath him when he moved backwards.

Mr Syms aged 51, was initially in shock, but began to feel pain and discomfort shortly afterwards. Despite resting for a few days, the pain increased and over-the-counter medication became no longer effectual, and so he sought medical attention, first by his own doctor and then by subsequent visits to a hospital.

Despite receiving treatment involving physiotherapy and injections, Mr Syms’ pain intensified and he was eventually forced to leave his employment as a train driver for Arriva Trains Wales.

Mr Syms said: “I could hardly move, I couldn’t drive my car and the pain made me feel sick. Although I took painkillers, they didn’t seem to offer much comfort and when I returned to work it was very difficult. The pain was intense and I began feeling numbness in my leg.”

The union which represents train drivers in the UK, ASLEF, supported Mr Syms with his claim. Stan Moran, the district secretary said: “Health and safety issues are not just about what happens on the track or within trains. If chairs in the mess room are defective, they have the potential to injure people as has happened in this case.”

Eamonn McDonough of Thompson solicitors said whilst representing Mr Syms: As well as the pain and suffering endured by my client, he’s been left unemployed by this accident which was easily preventable. Because he is not skilled in other areas it is now very difficult for him to find alternative employment.”

An Arriva Trains Wales spokeswoman said that they could not comment on individual cases.

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