MINERS BEAT KNEE CLAIMS

Miners beat knee claims arise as a result of an injury known as bursitis which is typically associated with an unsafe working environment and is often correlated with miners. Bursitis has long been considered an occupational hazard for miners. There are other similar occupational knee injuries also suffered by miners including osteoarthritis and menisci cartilage damage. These medical problems are usually types of repetitive strain injury which arise when bones, joints, muscles, cartilage or tendons are subjected to repetitive movements, usually under physical pressure, without adequate rest periods.

Bursitis is the inflammation of the small, fluid-filled sacs called bursa which surround bones, joints, muscles, cartilage and tendons with the purpose of facilitating the body’s movement without pain by cushioning thereby reducing friction. When these sacs become irritates, they fill with too much fluid and become swollen, pressurised and painful. The irritation can be either acute or almost instantaneous as a result of physical trauma such as that caused by an accident, or it can be chronic pain caused by recurrent irritation over a long period of time. Bursitis is most common at the knees, elbows, shoulders, hip bones and heel bones and whilst it is most commonly caused by trauma it can also be caused by infection and crystal deposits.

Miners beat knee claims usually arise as a result of the employer failing to adequately take care of an employees health and safety and the condition most often results from :-

• Extended use, overuse or physical injury to joints and muscle areas specifically associated with unsafe working practices particularly in restricted space with inadequate rest periods.
• Poor posture or inadequate strength or ability to perform a strenuous task at work thereby placing the body under extreme and unacceptable physical stress.
• Due to restricted working space abnormal or poorly positioned joints or bones that stress the soft tissues.
• Although not associated with mining diseases such as gout, tuberculosis, rheumatoid arthritis or psoriatic arthritis can precipitate bursitis.
• Bacterial infections such as staphylococcal or certain other bacterial infections can make an employee particularly vulnerable to this condition.

Noticeable symptoms include pain and sensitivity in and around the joint and may also include lack of flexibility and strength, which can occur with or without pain and can be so severe that motion and bending of the joint is prevented. Visible symptoms come in the form of redness or swelling around the affected area(s). Generally the symptoms which may give rise to miners beat knee claims fall into one or more of the following four categories :-

1. general joint pain that increases with movement particularly when the joint is stressed
2. tenderness in and around the affected joint
3. limited or restricted movement in the affected joints
4. visible swelling and redness in the affected areas

At the present moment there is no compensation scheme for this injury however there are a number of relevant cases currently going through the courts which may lead to the setting up of a compensation scheme in the near future. This anticipated scheme and claim handling agreement is expected to come into existence shortly. As is the case in other similar compensation arrangements, there will most likely be a limitation set on the claim period. If you fail to make your claim in the allotted time, your ability to do so will be forfeited forever. If you would like to speak to an occupational injury specialist just complete the contact form or call the helpline. This consultation will enable you to register your potential claim with us and is free. There is no future obligation to pursue a claim after speaking to a specialist.