Network Rail Accident Claims Guide
By Stephen Hudson. Last Updated 8th August 2024. 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:
- 0800 073 8804
- Or you can chat with us now via our live chat box
- Or write to us about your Network Rail accident here
Select a Section
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- Legal Expert’s Research Into Accidents At Work At Network Rail
- Can I Claim For A Network Rail Accident?
- Accidents While Working For Network Rail
- How Can I Prove A Personal Injury Claim Following A Network Rail Accident?
- Compensation Payouts In Accident At Work Claims
- Can I Claim For A Network Rail Accident On A No Win No Fee Basis?
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, LegalExpert.co.uk 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:
- Manual handling accidents
- Struck by an object
- Burns
- Trapped
- Contact
- Road traffic accident
- Electricity-related
- Awkward body movement
- Assault
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. As established by the Limitation Act 1980, 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 could 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.
Those who have been injured in Network Rail incidents will need to gather evidence if they want to pursue a personal injury claim. Call our advisors to see what relevant evidence should be gathered.
Compensation Payouts In Accident At Work Claims
Compensation for a successful accident claim can include general and special damages.
General damages are awarded to compensate for the physical pain plus any mental suffering caused by the incident. Those who value general damages for personal injury claims may refer to the Judicial College Guidelines (JCG). This is a document that provides guideline compensation brackets for many types of injuries.
The table below highlights some of the figures found in the JCG. You can view it for guidance only. Please note that the table’s first entry is not based on the JCG.
| Injury Type | Severity Of Injury | Compensation Amount |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £500,000+ |
| Head/Brain Injury | Moderately Severe | £267,340 to £344,150 |
| Knee Injury | Severe (i) | £85,100 to £117,410 |
| Foot Injury | Severe | £51,220 to £85,460 |
| Ankle Injury | Severe | £38,210 to £61,090 |
| Shoulder Injury | Severe | £23,430 to £58,610 |
| Back Injury | Moderate (i) | £33,880 to £47,320 |
| Neck Injury | Moderate (i) | £30,500 to £46,970 |
| Toe Injury | Serious | £11,720 to £16,770 |
Your injury compensation for a personal injury claim could potentially also include special damages. This covers financial losses or expenses caused by your injuries. Certain evidence, which may include bank statements, invoices or receipts, is required to claim special damages through a personal injury claim.
Examples of what you may be able to claim under special damages include:
- Loss of earnings if your injuries from the accident have caused you to take unpaid time off work during your recovery.
- The cost of treatments or medications you’ve required for your recovery.
- Travel costs paid towards attending vital appointments, such as taxi fares or train tickets.
Get in touch with our advisors either online or by calling us to learn more about how much compensation may be awarded if you have valid grounds to make a Network Rail accident claim.
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.
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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