Trespass on the railway. Employees of rail companies are usually able to make a claim for compensation to the CICA if they witness an injury or death as a result of trespass on the railway.
This does not extend to passengers and bystanders, only employees of a railway.
If you are looking for an experienced firm to deal with your claim from start to finish, we suggest that you telephone all the other firms offering CICA representation and then ring us last. We offer a most reasonable no-win, no-fee scheme which other firms simply cannot match.
You really should compare at least a few firms before you make a decision. We recommend you do this before you ring us on FREEPHONE 0800 169 3683. We'll be waiting for your call. We are open until 10pm every day. By the ggg We
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What you need to know.
Typically, a rail worker may experience (with their own senses) a suicide on the railway. This does not necessarily mean that you have to have actually witnessed the incident but you may have been involved in the immediate aftermath of the incident, for example recovering the body.
The CICA may make an award if you can demostrate that you have suffered a disabling mental injury that is serious enough to qualify for the lowest tariff award. Employers usually have a support system in place to arrange counselling and if need be, psychiatric intervention following the incident. Train drivers in particular usually return to work on a phased basis following counselling.
The key word here is trespass, an application for compensation when a train struck a motor car deliberately parked on a level crossing was met by the CICA. In another case, a youg man lawfully using rail pedestrian crossing over the tracks, caused a train driver to effect an emergency stop. The driver suffered psychiatric problems afterwards and was refused a compensation award, as there had been no trespass to the railway line.
These rules only apply to tresspass ...upon any of the lines or sidings or in any tunnel or upon any railway enbankment, cutting or similar work, now or hereafter belonging or leased to or worked by any of the Boards or who shall trespass upon any other lands of any of the Boards in dangerous proximity to such lines of railway or other works or to any electrical apparatus used for or in connection with the working of the railway shall on conviction.... S55 British Transport Commission Act 1949.
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Latest article on Criminal Injury Compensation Claims (CICA)...
Crime of Violence
Even though there is in law no strict definition of a crime of violence or a violent act, it is reasonably self evident what this means. A direct assault, sexual assault, wounding or being struck by something someone threw at you, a bottle for example, are examples of violent crimes. The CICA will need evidence that the assult you suffered was, on the balance of probabilities, caused by a criminal assault.
The CICA look at each individual case and investiagte the circumstances by obtaining police reports and medical notes from GPs and hospitals. The CICA may even pay criminal injury compensation if the assault was occassioned by a child or someone who was mentally disordered. Again, each case turns on its individual facts.
We represent individuals who wish to make a criminal injury compensation claim to the CICA. We operate a no-win, no-fee scheme. This means if you do not receive compensation, then we make no charge. Please telephone us on freephone 0800 169 3683.