24th September 2007

Successful Case Brought For Breach of PUWER Regulations When A Train Driver Was Injured At Work By Flying Glass Particles

The cabin of a train is sealed whilst moving, so when our client was injured at work by an object flying into his eye, he assumed it had come through the air conditioning system. His employer, the train operator and defendant, argued that the AC system was maintained according to regulations, and that it was in good and efficient working order.

When our client went to hospital for treatment to his eye, particles of glass were discovered and removed.

According to PUWER 1998 (Regulation 5), equipment must be kept in good repair to protect against risks to health and safety. Whilst the Judge found that the defendant was liable under Regulation 5, he also found that there was a breach of Regulation 12 of PUWER that states that measures must be taken to prevent unnecessary risk arising from objects being ejected from equipment, unless they form part of the process for which the equipment was designed.

His judgement was based on the balance of probabilities that the particles had entered his eye through the AC system and that this represented a failure of the equipment. Our specialist personal injury and accident at work lawyers, successfully defended this case and were able to secure a settlement for our client.

Compensation Claim

Should you decide to instruct us to represent you in your claim, Clear Answers’ lawyers have teams of specialists waiting to help you. We have extensive experience in all types of accident at work claims, whether it was the result of negligence on the part of your employer, or some other cause.

The person responsible for your accident will pay our legal fees, and our service will be cost-free for you. You will receive 100% of your compensation if you select Clear Answers to represent you in this matter.

Our lawyers will be happy to provide you with expert legal advice, talk you through the claims process in plain English and answer any questions you may have regarding your claim. If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, you may prefer to complete one of our online compensation claim forms and one of our representatives will contact you as quickly as possible.

back to news index