A Guide To Making A Network Rail Accident Claim

By Stephen Bishop. Last Updated 30th October 2024. There are many different accidents and injuries that can happen while using Network Rail services. As Network Rail is the company that runs the majority of rail infrastructure in the UK, a Network Rail incident typically refers to any type of accident that has happened while waiting for a train, working on the train infrastructure, using a level crossing, and so on. This covers a huge scope of accidents and injuries, from vehicles colliding with trains at level crossings to workers that have been injured while maintaining the rail infrastructure.

Two railway tracks on a clear dayAt Legal Helpline, the panel of solicitors we work with have experience in Network Rail accident claims, which can be launched if the accident was not your fault. We will help you to get the maximum amount of compensation you deserve by building a solid case and providing a No Win No Fee approach. To find out everything and anything with regards to Network Rail accident claims, please read on. You will find our contact information at the end should you have any questions, or if you are ready to get started.

Jump to a Section

    1. Can I Claim For A Railway Or Train Station Accident?
    2. Network Rail Safety Accidents And Safety Rules
    3. Level Crossing Accident Claims
    4. Public Railway Compensation Claims
    5. What To Do If You Have Been Injured In A Train Accident
    6. Network Rail Accident Claims Payouts
    7. Compensation For No Win No Fee Network Rail Accident Claims

Can I Claim For A Railway Or Train Station Accident?

When you visit a train station or you’re onboard a public train, you are owed a duty of care by the organisation that legally occupies that space you are in. This is established by the Occupiers’ Liability Act 1957. This legislation sets out that the party responsible for a public space you’re in should take steps to ensure your reasonable safety.

As an example, if you visit a Network Rail train station and a potential tripping hazard has been identified within it, then those responsible for that area would be expected to take steps to address this issue as part of their duty of care. Appropriate steps may include placing warning signs near the hazard and arranging to have the hazard fixed or removed as soon as realistically possible.

You may be eligible to start a Network Rail compensation claim for personal injuries if the following can be established:

  • The organisation owed you a duty of care.
  • This duty was breached.
  • You were injured as a direct consequence of this breach.

To learn more about Network Rail accident claims and the eligibility requirement for them, please contact our advisors for free today.

Network Rail Safety Accidents And Safety Rules

Accidents and injuries are typically more common to those working on the railway. This is considered one of the more dangerous working environments in the UK. As such, Network Rail has a duty of care to both their staff and the wider public. They are bound by the stringent regulations that are in place in the UK, and they have outlined their own Network Rail safety vision and policy in place.

The company, understandably and rightly, has a number of safety arrangements in place for their employees. This includes The Plant Operations Scheme, The Principal Contractor Licensing Scheme, and Sentinel. However, this does not mean that accidents do not occur – to both employees and the wider public – and so if you have been injured, exploring the possibility of making a claim is a must.

Level Crossing Accident Claims

If you have been involved in a level crossing accident, and you believe Network Rail is to blame, you can make a claim. We have helped many people to launch Network Rail accident claims due to level crossing accidents. This includes the following:

  • Vehicle collision level crossing accidents – Did your car collide with a train because the level crossing was not safe to use or it was malfunctioning?
  • Cyclist and pedestrian level crossing accidents, for example, cycling over a poorly maintained crossing
  • Pedestrian level crossing accidents

Did you know that there are roughly 8,000 level crossings in the UK? And, Network Rail manages most of these. In 2014, there were 330 ‘near miss’ incidents involving pedestrians, cyclists, and cars on level crossings. Collisions involving trains are more dangerous but far less common. They account for roughly half of the catastrophic accidents that happen on railways in Britain.

Public Railway Compensation Claims

If you have been injured while using Network Rail as a member of the public, you will have basis for a claim if you can prove that the company was at fault. When it comes to Network Rail accident claims, it is important to report the incident so that there is an official record of what has happened. It is also vital to note that there is a three-year time limit on personal injury claims. As such, the accident must have happened within the past three years. The sooner you claim, the easier it will be in any case, as the details will be fresh in your mind. Plus, leaving it until the last minute is very risky, as court proceedings do need to be issued within this time frame.

Network Rail Incident Reporting

If you have been involved in a Network Rail accident, it is important to report it. If you are a Network Rail employee, this involves going to your employer and ensuring there is an official record of what happened in the accident book. All companies are required to have accident book by law, which records injuries, illnesses, and deaths in the workplace. This will also serve as an official record of your injury, which will help you when claiming. If you were injured as a member of the public, you can find information on Network Rail incident reporting on their website. Click here to head to the Network Rail report a problem page, where you will find information on the policies and processes the company has in place to manage risks.

What To Do If You Have Been Injured In A Train Accident

If you have been involved in a train accident, it is important to take the necessary steps to build a strong case. This includes the following:

  • Getting a medical examination – There is only one place to begin, and this is with getting a medical examination. Needless to say, this is imperative for your health. Nonetheless, a lot of people opt to skip the hospital trip if they have only sustained a minor injury. This is not recommended. Not only for your health, but in terms of the case too. Seeing a medical professional is vital for your chances of compensation, as the medical report put together by the doctor will be used to determine the payout you receive.
  • Collect evidence – It is important to gather as much evidence as you can. This includes getting witness statements and taking photos of the scene, as well as your injuries.
  • Recording any financial losses – Lastly, make sure you record any financial losses you have been subject to as a direct consequence of your injuries. This includes anything from loss of income and counselling expenses to childcare costs and the cost of parking at the hospital. You will need to record these expenses, and you need to have proof of them if you are going to claim for them.

Network Rail Accident Claims Payouts

A lot of people get in touch with us to ask us how much they will receive if they make a claim. It is understandable that you would want to know this. After all, you want to make sure that it is going to be worthwhile. Unfortunately, giving you a precise and final answer regarding the amount you will receive is simply not possible. This is due to the fact that all Network Rail accident claims are different. There are numerous factors taken into account, which is why two people that might have been involved in Network Rail accidents may receive a completely different amount. What we can do, however, is reveal the average payouts for injuries relating to such claims, as you will see in the table below.

Reason for claiming compensationCompensation guidelineComments
Multiple serious injuries and financial lossesUp to £500,000+If you have valid grounds to claim for multiple serious injuries that occurred while using a train service, then your payout may cover each injury as well as any related special damages, such as loss of earnings.
Foot injury - Amputation of one foot£102,470 to £133,810This refers to any type of accident whereby the person suffers the permanent loss of a foot.
Foot injury - Very severe£102,470 to £133,810The claimant will have experienced a very severe foot injury, which will take a significant time to heal. There are a number of factors that need to be considered when determining the payout amount. The payout can be comparable to injuries that lead to an amputation.
Foot injury - Severe£51,220 to £85,460This refers to cases in which the person suffers loss of function of the foot, and they will experience a lot of pain as a consequence.
Finger injury - Amputation of Index and Middle and/or Ring Fingers£75,550 to £110,750This payout is for accidents that lead to loss of fingers, compensation will depend on which finger and the effect i may have on the functioning of grip etc.
Finger injury - Severe fractures to fingersUp to £44,840In this case, the individual will have been subject to severe pain due to fracturing their finger and may lead to deformity, partial amputations..
Severe Leg injury - Very serious£66,920 to £109,290The leg injury will be serious enough to have caused permanent mobility problems, deformity and arthritis.
Hand injury - Serious£35,390 to £75,550Finger amputations may have occurred and the hand’s functionality has been reduced by around 50%.
Toe injury - Full amputation£44,570 to £68,430This payout refers to cases in which the accident has lead to permanent loss of the toes.
Elbow injury - Moderate or minorUp to £15,370A fracture or lacerations have occurred that will not lead to permanent damage.

If you cannot find anything that applies to your suffering in the table that has been provided, please do not worry. You can get in touch with our friendly team regarding your train accident and we will be more than happy to explain further and give you an understanding regarding the type of payout you could be looking at.

Compensation For No Win No Fee Network Rail Accident Claims

When making railway compensation claims with Legal Helpline, you can be sure that we always work with No Win No Fee payment structures. It means that anyone who makes a claim that is unsuccessful will not have to pay any legal fees. This approach ensures that everyone can claim, no matter what his or her current financial situation is. It eliminates any monetary concerns you may have. Plus, when we say No Win No Fee, we truly mean it. We won’t add on extra charges if your case is unsuccessful, as is the case with a lot of other businesses. This also gives you the peace of mind that we will always be working hard for you.

With No Win No Fee solicitors, they are impacted by the outcome of your case. For those who charge per hour, it doesn’t make a difference to them whether your case is a success or not, which is why it is always better to go down the No Win No Fee approach.

Other options include sending an email to [email protected], or calling our team directly on 0333 000 0729. We are open from Monday to Sunday, from 9 am in the morning until 9 pm in the evening. We will do our best to answer all of your questions about Network Rail accident claims and explain the claims process. Plus, our advice is free and comes with no obligation, so what are you waiting for?

Helpful links

Train Station Claims Guide

Here you will find our guide on how much compensation you can attain for a train station accident claim. This guide provides plenty of useful information, including details on train station accident facts and statistics, claiming for an accident as an employee, or as a member of the public, and much more.

Case Study – Network Rail Fined

Clicking above takes you to a case study regarding an incident whereby a Network Rail employee was struck by a train travelling at 80 mph. The worker had to undergo 20 operations, and the company was fined £800,000 as a consequence.

Network Rail’s Website

If you want to find out more about Network Rail, head to their website. Here you will find information on the company, their railway upgrade plan, latest updates, and much more.

Railway Safety Board Statistics

The link above directs you to the 2016/17 Annual Safety Performance Report for railways in Great Britain.