Wales Train Drivers Can Claim Damages for Carpel Tunnel Injury Against Arriva Train

Three train drivers in Wales who developed an industrial injury leading to permanent disability were given the go-ahead from a local court to claim damages. The move comes after a landmark judgment by Swansea County Court. The three drivers will share more than £22,000 ($35,686) in damages.

According to WalesOnline, the union ASLEF reports the judgment sets a precedent and opens the door for other drivers affected by carpal tunnel syndrome (CTS) to claim for damages. The three drivers, who pursued a legal claim against Arriva Trains

Wales, developed the condition, which is often a result of pressure on a nerve in the wrist resulting from repetitive wrist action.

Arriva Trains Wales denied liability claiming the injuries were not caused by working conditions and the union pursued the claim through the courts.

The union’s solicitor said CTS is a rare condition and it is unusual for three drivers to be affected in a depot of 50. ASLEF argued the symptoms were a result of repetitive work, adopting awkward wrist postures and operating brake and power controls in cramped conditions. The members had complained of inadequate seats with little or no adjustment and no arm rests.

Following a five-day trial, a judge found all three members suffered from CTS and he ruled it was work-related. According to the judge, Arriva Trains Wales failed to assess the drivers’ working conditions for risks to health and safety or to put preventative measures in place. (workersxzcompxzkit)

After the verdict, Arriva Trains Wales noted, “Following the judgment we will be taking the time to consider the implications of the decision and the next steps with our legal and health and safety advisers.”

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