News

A ground-breaking judgment in Swansea County Court on 30th November 2009 has paved the way for train drivers across Britain to claim compensation for Carpal Tunnel Syndrome (CTS).
 

Tried over 5 days in May 2009, the decision initially affects three train drivers, Paul Studholme, Gary Thomas and Barry Rogan, who contracted CTS. However, it has wide implications for train drivers across the UK. All three drivers developed the condition while operating from Arriva Trains Wales, Carmarthen Depot. They drove the 140, 142, 150, 152 and 153 model locomotives throughout South Wales along the Heart of Wales lines.

When their condition was diagnosed, Arriva Trains Wales denied liability saying the injuries were not caused by working conditions. His Honour Judge Vosper QC disagreed, holding that Arriva were in breach of the Provision and Use of Work Equipment Regulations 1998 and had been negligent, finding that the cabs of the locomotives were ergonomically unsound, being fitted inadequate seats with little or no adjustment and having unsuitable arm rests. The Judge was also critical of the failure of Arriva adequately to risk assess the cabs and to provide proper instruction in safe driving techniques.

 

The full judgment is reported at Thomas v Arriva Trains Wales Ltd [2009] EW Misc 8 (EWCC) (30 November 2009).