Network Rail Injury And Accident Claims Guide – How To Claim Personal Injury Compensation Against Network Rail?

On this web page, you will find a full guide to the legal process of making a compensation claim following an accident involving Network Rail in which you sustained an injury. Within this guide, you will learn about why you could have a reason to make a claim in the first place, and secondly, why Network Rail might be liable to pay you compensation. You will also learn how to get started with making a claim.

You might have some questions that are not covered in this guide. If you do, then our claims team is available to answer them on 0161 696 9685. Give them a quick call, and they will be able to give you all the help that you need.

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A Guide To Network Rail Injury And Accident Claims

Network Rail accident claims guide

Within this guide to making a personal injury claim for a Network Rail accident, you will learn everything that you need to know so that you understand the best approach to starting your own claim. You will find lots of information below, including:

  • A basic introduction to what Network Rail is and the core services that the company provides to UK citizens.
  • A simple definition of what a Network Rail accident would be. This section also covers the concepts of eligibility (whether you can make a claim), and liability (whether a third party can be pursued for compensation).
  • A table that details typical ranges of compensation that could be awarded for a number of different types of injuries.
  • A list of different types of damages that could form part of an overall settlement in a compensation claim.
  • Several sections that cover the most common of all types of accidents that can happen on a train, or at a station, and this includes:
    • Slips, trips and falls.
    • Burns and scalds.
    • Accidents that happen whilst boarding or disembarking a train.
    • Accidents that take place on a level crossing.
    • Work-related accidents.
  • We will also cover some of the key statistics pertaining to accidents on trains or at a station in the UK.
  • A discussion of the concept of eligibility, and what would make a person eligible to make a compensation claim against Network Rail.
  • A table that shows the general time limits that you must begin your compensation claim within.
  • An explanation of our claims process and how it is very easy for you to have us start working on your claim right away. This includes an introduction to our national claims service, which is an effective and financially risk-free way to have your claim processed.

You may have some questions about the contents of this guide once you have finished reading it. In this case, you can speak to one of our claim advisors and they will provide you with the answers you need, as well as helping to get your claim started.

What Is Network Rail?

Before we take a look at Network Rail safety and the process of making a claim for an accident, it is important that we understand more about the company. Network Rail is the company responsible for the administration, management and maintenance of most of the UK railway network. Although Network Rail is a private company, it has no shareholders and is in effect, a privately-owned extension of the Department of Transport. The concept is that all revenue made by the company is reinvested into the UK rail network. The primary customers of Network Rail are the different independent rail companies in the UK.

What Is A Network Rail Incident Or Accident?

Rail accident statistics

Rail accident statistics

A Network Rail accident would be an accident that was caused by the company and which inflicts harm on a member of the public or an employee. A personal injury lawyer could process a claim for such individuals.

The company is required, by law, to comply with both the Railway Safety Regulations 1999 and also all health and safety regulations that apply to the company’s business activities. Furthermore, with regard to the various stations, work units, storage depots and other facilities they own and operate, the company must comply with the Occupiers Liability Act 1957.

If compliance falls short and this leads to either a member of the public or a member of staff being injured, then a reason to make a compensation claim could exist. If you are unsure of whether you are eligible to make a claim, speak to one of our claims team to find out.

Network Rail Injury And Accident Compensation Calculator

Instead of adding some form of online personal injury claims calculator tool to this page, we have instead produced the table below. This table was created using guidelines produced by a legal body known as the Judicial College, which reviews compensation awards made by the courts for different injuries. 

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Injury Award Notes
Back – minor Up to £2,300 Soft tissue injuries with a complete recovery in 3 months.
Neck – minor £4,080 to £7,410 Soft tissue injuries such as strains or sprains that last between 1-2 years.
Arm – moderate £6,190 to £18,020 A straightforward fracture of the forearm.
Shoulder – moderate £7,410 to £11,980 Encapsulates injuries such as frozen shoulder, limited mobility and persistent pain which could last for up to 2 years.
Ankle – very severe £46,980 to £65,420 A significant fracture with accompanying soft tissue damage. The injury may leave deformities or in some cases, require a below-knee amputation.
Elbow – severe £36,770 to £51,460 An injury regarded as severely disabling.

If you would like a more accurate estimate of how much Network Rail accident compensation you could claim in your own case, then please talk to one of our claims team. Once they know enough about your situation, they should be able to give you a more personalised estimate.

What Can A Network Rail Injury Claim Compensate Me For?

When you are successful in making a compensation claim for a Network Rail accident, then the settlement you are offered could be made of two types of damages. These damages will compensate you for a) financial and other losses (known as special damages), or b) physical and psychological harm that you have suffered (known as general damages).

Special damages 

Special damages relate to out of pocket expenses that you may have incurred as a result of the injury. The idea is to restore you to the same financial position as before the accident. It’s important to remember that in order to recover such expenditures, you need to evidence them with the likes of bills, receipts and statements. Some of the things you can claim for include:

  • To reimburse you for the cost of travel.
  • To reimburse you for private medical fees.
  • To reimburse you for the cost of in-home care.
  • To make up for the loss of income if you missed work.
  • To make up for any reduced earning potential in the future.

General damages

The purpose of general damages is to compensate you for any pain, suffering and loss of amenity inflicted by the injuries. The potential value of this head of claim is detailed in the calculator section above. Specifically, it accounts for:

  • Compensation for pain and suffering.
  • Compensation for mental trauma.
  • Compensation for psychological injuries such as P.T.S.D. and depression.
  • Compensation for long-term and painful recovery.
  • Compensation for a permanent physical disability.

Common Types Of Network Rail Accidents And Injuries

There are many different types of accidents that a personal injury solicitor would be able to process a claim for against Network Rail. However, some kinds of accidents happen far more frequently than others, for example:

  • Slips, trips and falls.
  • Burns and scalds.
  • Accidents that happen whilst boarding or disembarking a train.
  • Accidents that take place on a level crossing.
  • Work-related accidents.

Although these are the most common causes of claims, we can generally help you to claim for any kind of accident. Explain your case to one of our claims team to find out how we can assist you.

Claims For Slips Trips And Falls On Network Rail Property

If we were to review statistics pertaining to all accidents, we would find that slips, trips and falls are the most common accident in the UK every year. These often serious accidents can happen due to hazards such as:

  • Tripping on a damaged surface on a station platform, such as a pothole or broken paving slab.
  • Slipping on a wet or dirty floor in a station bathroom.
  • Tripping whilst getting onto or off of a train.
  • Slipping on ice or snow that has not been cleared from a station entrance or platform.
  • Falling down stairs that are badly lit, or that have a faulty handrail.
  • Tripping on damaged floor surfaces such as cracked tiles or frayed carpets on a train.

As you can see, the causes of slip, trip and fall accidents are myriad. No matter how your accident happened, as long as a third party is at least partially to blame, we could be able to help you claim.

Claims For Burns And Scalds On A Train

When travelling by train, if you are scalded or burned due to a hot drink or food being spilt on you, then you could be able to make a claim. For example, if one of the serving staff in the restaurant car drops a hot cup of water and scalds you. Additionally, if you were to spill your own drink due to the train moving sharply, possibly due to a damaged track, you could also possibly make a claim. Obviously, in the latter case, proving the train operator was to blame might be difficult, and we suggest you speak to one of our claim advisors for advice on this.

Accidents When Getting On Or Off A Train

In this scenario, things are not as clear cut as they first seem. For example, Network Rail may be responsible for maintaining the platform the train has stopped at. However, a privately-owned rail operator may be responsible for the actual train. So, the question here is, who is to blame? Was the accident caused by a faulty or inadequate platform? Or was it caused by a faulty step or doorway that is part of the train? Once again, we recommend that you speak to one of our claims team who will be able to help you discern just which third party (or possibly both), is liable in your own case.

Level Crossing Incident And Injury Claims

Although occurrences of a level crossing accident are fairly infrequent in the UK, they do still happen from time to time. Once again, the situation here is less than clear. Is it Network Rail who was responsible for the accident, or is it the local council? For example, if the warning lights fail to let a motorist know that a train is approaching, it could be due to either the lights failing (which the council are responsible for) or the sensors on the track not sensing the approaching train (which Network Rail would be responsible for). Proving which is true is a complex challenge and one that you will need assistance with.

Network Rail Workforce Accident Claims

Railway accident at work

Railway accident at work

Although Network Rail workforce safety is generally very good, there are, of course, plenty of examples of a Network Rail worker accident that was the fault of the company. Every employer in the UK is required to provide their workforce with a safe environment at all times. When they fail to do so, and this leads to a member of staff being harmed, a reason to make a claim could exist.

Statistics For Incidents On The Rail Network

Network Rail has an excellent safety record, as can be seen from the following statistics:

  • In 2017/18 there were only 34 reported cases of a passenger coming to harm.
  • There have been no fatal accidents for 9 years.
  • Only 5 accidents involving motor vehicles being damaged by Network Rail property in 2017/18.
  • There were only 85 workplace accidents and no fatalities in 2017/18.

Am I Eligible To Make A Personal Injury Claim?

In order to be eligible to make a claim for an injury caused by a Network Rail accident, then the following two statements will need to be true:

  1. Network Rail must have owed you a duty of care.
  2. Network Rail must have breached that duty, creating a risk of injury.
  3. As a result of the breach, you experienced an accident and sustained an injury as a result.

How Long Do Personal Injury Claims Take?

There is a personal injury claims time limit in place, that you will need to begin your claim within. The time limit is as is shown in the below table.

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Circumstances of Claim Time Limit
You were less than 18 years old when the accident took place. Three years from the date of your 18 th birthday.
You were 18 years or older when the accident took place. Three years from the date of the accident.

Getting Started – How To Begin A Claim

If you are ready to begin your compensation claim, then the process for doing so is very simple. All that you need to do is to speak to a member of our claims team on the number below. They will go over your claim with you, explain your legal options, and then offer you some free legal advice on what to do next.

No Win No Fee Network Rail Injury Claims

Our national No Win No Fee claims service is a financially risk-free and effective way for you to have your claim processed. Once we connect you with a solicitor from our panel, they will not charge any fee to start your claim and no fee as they process it. Also, if they don’t win you any compensation, there is still no fee. The only time they take a fee is when you win a compensation settlement. When you do, they take a small percentage of the compensation award. You need not worry about losing a chunk of your compensation—the fees your solicitor can charge are capped by law. For more information on No Win No Fee claims, call out advisors.

How We Can Help You Claim Compensation

The solicitors on our panel will always go the extra mile to make sure that you win your claim. They aim to get you the most compensation possible. They will also keep you informed of the status of your claim using plain English, and no legal jargon. Follow this simple procedure to get your claims started:

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Speak to one of our claims team using web chat, email or telephone. Our claims team will discuss your claim with you. If you have a valid claim, we will begin processing it right away.

Contact Our Expert Team

Are you ready to start a claim for an injury caused by a Network Rail accident? Or do you simply need some advice before deciding to make a claim or not? Either way, speak to one of our claims team today on 0161 696 9685. They can offer you some advice on how to proceed with a claim, and answer any questions that you may have.

Additional Advice And Information

Office of Rail and Road regulatory law

Network Rail safety performance

NHS information about scald and burn injuries

Workplace Rights

No Win No Fee Claims

 

Guide by CR

Edited by DEG