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Beat Knee Case

There has to date been only one successful litigated beat knee case in the United Kingdom however it looks likely that in 2006 or 2007 a scheme will be set up by government to compensate the thousands of miners suffering from this painful and unpleasant condition. There is pending litigation in regards to those suffering from occupational knee injuries involving osteoarthritis and cartilage damage to the menisci both of which are also caused by unacceptable working conditions in the coal mines. It is anticipated that under any new claim handling agreement it will still most likely be necessary for a potential claimant to prove that :-

• the claimant is suffering from a relevant injury attributable to working conditions
• the injury was caused by risky practises adopted within the mines
• there was a known risk of injury that the employer was aware of and could have prevented

It is anticipated that it will be necessary for claimants to be medically examined to prove the extent of the injury and that, unlike a beat knee case dealt with in a court of law, compensation awarded will depend on the severity of the injury which will be banded on a tariff scheme. There is also likely to be a cut off date after which no further applications will be accepted and failure to meet this date will probably mean that the opportunity to receive compensation will be lost forever subject to some limited exceptions.

Generally speaking damages awarded in any personal injury claim are intended to compensate for losses and to place the claimant back in the position that they would have been had the injury not occurred. The terms of any government compensation scheme remain to be seen however past experience of these schemes tends to indicate that payments are restricted and do not approach the sums which might be anticipated in a litigated beat knee case in the county court. If such matters were to be placed before a Judge in court then an award would be made for general damages including compensation for pain and suffering, disablement, loss of the pleasures and amenities of life and future loss plus special damages which include actual financial loss and expenses. Government schemes tend to take a broad brush approach and after medical assessment an award is usually made on a tariff scheme following a decision on the relevant band into which to place the injury.

One of the larger regional unions, which does not wish to be involved in further litigation, has already recommended its members to see their own solicitors if they wish to pursue a claim. If you would like to speak to a specialist personal injury solicitor at no cost and with no obligation just complete the contact form or phone the helpline on 0870 420 5589. If after talking to us you decide to proceed no further then you are under no obligation to do so and you will not be charged for our initial advice which is completely free.