PUBLIC TRANSPORT VEHICLES AND LIABILITY FOR INJURY

I work on public transport, what are my rights in terms of work-related injuries?

According to the Transport and General Workers’ Union, a lot of public transport workers are often required to work alone and there is no legal reason for them not to work this way. However, employers should consider whether it is safe for them to do so.

Many of the hazards that lone workers face are similar to those faced by other workers but the risks involved may be greater because the worker is on their own. The employer has a legal duty to provide a safe and healthy place of work. If a risk assessment shows that it is not possible for the work to be done safely by a lone worker, then other arrangements must be put into place. Employers should identify situations where people work alone and ensure that they are at no greater risk than other workers.

Establishing safe working for lone workers is no different from organising the safety of other employees. To ensure that lone workers are not put at more risk than other employees, extra risk control measures may be required. Control measures should take account of normal work and emergencies, for example, fire, equipment failure, illness and accidents.

Cost-cutting exercises that result in lone workers must be discouraged; workers should work in pairs or more if necessary when one cannot do it safely. For example, a buddy system should be set up for those working in difficult or remote sites, such as bus drivers. If you are a public transport worker and feel that your personal safety is being compromised by your working conditions, you may find it beneficial to contact your Union if you are a member.

Public transport workers (e.g., taxi drivers, bus drivers and railway staff) are also at high risk of threats and acts of violence from members of the public.

The legislation in the UK (enforced by the Health and Safety Executive) that currently covers work-related violence includes:

• Health and Safety at Work Act (1974)
• Management of Health and Safety at Work Regulations (1999)
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (2013)
• Safety Representatives and Safety Committees Regulations 1977
• Employment Rights Act 1996
• The Health and Safety (Consultation with Employees) Regulations 1996 

What happens if I sustain an injury whilst travelling on public transport?

When you travel on public transport, you should be protected by some form of public liability, which is the liability of businesses, authorities and others for accidental bodily injury and/or damage to the property of third parties. They will be responsible if you hurt yourself or suffered any damage to your property due to any breach of duty or negligence on their part. If you have an accident while travelling as a passenger on public transport and sustain an injury, you may be able to make a personal injury compensation claim and should seek the advice of a suitably experienced solicitor.

All public transport operators have a duty of care to their customers and also have to comply with certain legal safety standards. Public transport accidents can occur on all sorts of carriers, each covered by specific safety legislation - these include:

• Buses or coaches
• Trains
• Taxis
• Planes 

Whatever the injury sustained, you should seek advice from a solicitor about making a personal injury claim from the transport provider.