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Who do I claim against for a railway injury?

Making a railway injury claim for compensation after a major train accident can be daunting as not only is the experience traumatic, but the aftermath of a serious incident will probably involve an inquiry and possibly a criminal trial. The compensation amounts are also likely to be high as the injuries sustained are more serious and can have a significant impact on an individual’s life. If you are wondering, ‘who do I claim against for a railway injury?’ a good legal firm can provide expert advice and support throughout the process.

Serious railway accidents are rare in the UK, but sometimes trains do derail or crash and the consequences for passengers and railway workers can be serious. Both passengers and railway workers can suffer serious life-changing injuries, or die in the accident

Accidents such as trips or falls are more common and can occur as a result of spillages or objects left lying around on platforms, creating a trip hazard.

At one time a single company, British Rail, ran the train system but today different parts of the rail network are run by different companies. When someone suffers an injury within the railway system, the party they make their railway injury claim against will depend on who was responsible for maintaining that particular part of the railway system. In some cases it may be that a public authority should have maintained a particular area and put up warning signs about potential hazards. In other cases it will be an individual railway operator who had the responsibility for cleaning up spillages.

Railway workers can claim compensation from the railway company that they work for if they can prove that an injury they have suffered is a result of their work. A railway worker, for example, won compensation from Network Rail after he ruptured his left quadriceps tendon as a result of a workplace accident.

For any railway injury claim to succeed, a claimant needs to show that the rail company had a duty of care to themselves or the general public and that the injuries sustained were a result of the negligence of the railway company. For a claim to succeed, the person at fault does not have to be an employee of the railway company, but could be an employee of a firm employed by the railway company to carry out certain operations, such as cleaning, on its behalf.

The first step in any claim is to decide who is responsible for the accident. At Accident Advice Helpline our experienced advisors can offer you advice on who to claim against for a railway injury, as well as how likely the claim is to succeed.

Making a compensation claim against a railway company can be complicated and there is a strict time limit for making a claim, usually three years from the date of the accident. If you have suffered an injury within the railway system you should seek advice from a legal firm that has experience in dealing with personal injury claims, including those within the railway network.