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RUBBISH left on an Ilkley train has led to a £6,000 compensation payout to an injured driver.

The driver has secured the compensation from Northern Rail following a serious back injury caused as he stepped on to rubbish.

Peter Kelly, from Selby, secured the damages with the support of his trade union, ASLEF, and their personal injury specialist legal firm Thompsons.

On the day of the accident, Mr Kelly, aged 49, was working on the Leeds to Ilkley route. As he stepped on to the train in order to drive back to Leeds, he stepped on to rubbish that had been thrown on to the train but not cleaned up. He fell backwards on to the platform and badly injured his lower back.

Mr Kelly said: "The pain in my back was really bad but I didn't go to hospital straight away as I hoped it would settle. We were due to go on a family holiday to the US a week later and I hoped the pain would subside, but it didn't and my holiday was ruined.

"When we returned, I went straight to Selby War Memorial Hospital where they treated me. I had quite a bit of time off work and even now I still have to take painkillers and can only walk short distances."

ASLEF official Nicky Whitehead said: "For a train driver and other staff, the train is their workplace and Northern Rail know only too well that they are obliged to clean the train adequately in order to provide a safe working environment. If they had done so, our member, Mr Kelly, would have avoided injury."

Representing Mr Kelly, Keely Goldup from Thompsons Solicitors in Leeds, said: "There are clear guidelines - known as workplace regulations - which spell out the steps that should be taken by employers. In this instance, Northern Rail flouted its obligations and is paying the price."

12:32pm Thursday 15th May 2008

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