Contact

Coal Miners Knee Claim

Notwithstanding ongoing litigation in a test case being funded by the National Union of Mineworkers and the Durham Area NUM, with £10 million committed to preliminary legal costs, this litigation does not include a coal miners knee claim for bursitis other wise known as ‘beat knee’. The litigation refers solely to occupational knee injury claims for osteoarthritis and damage to the menisci. If this litigation is successful it may lead to overall compensation in excess of £100 million being awarded however it does also appear to have concentrated the governments mind on another outstanding problem which already involves thousands of those who worked down the pits, particularly those who have retired and are elderly and suffer from the painful condition known as bursitis.

The ongoing coal miners knee claim litigation focuses on osteoarthritis which causes cartilage to be worn away and damage to the tissue of the menisci cartilage which acts as a shock absorber and cushion to the knee joint and both conditions are often progressive and permanent. Both injuries cause inflammation, swelling and pain and may result in the joint clicking and locking of the knee. To succeed it is necessary for the claimants to prove that they developed the condition as a direct result of their work in the coal industry and that the risk of injury was, or should have been known to the employers who failed to subsequently provide a safe system of work to protect their employees from injury. It is believed that the current litigation did not include an application for bursitis injury due to the anticipated difficulties in proving such a claim.

There has only been one beat knee claim for compensation which has succeeded however the costs of running this type of contested case is generally prohibitive. The miners unions have sought to attempt to claim compensation on behalf of their members and ex members however as a result of several claims scandals it is anticipated that they will not involve themselves further and indeed one of the larger regional unions has recommended its members to see their own solicitors if they wish to pursue a coal miners knee claim

There has been some indication from Government circles that a compensation scheme will be set up for those suffering from this condition, the numbers of which are anticipated to be in the thousands particularly retired ex-miners. A claim handling agreement is expected to be agreed during the course of 2006 or 2007 however as in similar arrangements in the past there will almost certainly be a cut off date after which it will not be possible to claim compensation. 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.