MINERS BEAT KNEE COMPENSATION CLAIM

To date, there has only been one successfully litigated case in the United Kingdom and whilst there is ongoing litigation funded by the NUM for claims arising from osteoarthritis and cartilage damage there is not one current or anticipated test case for a miners beat knee compensation claim arising as a result of bursitis. It is however anticipated that in 2006 or 2007, a new scheme will be implemented by the government to compensate the thousands of miners suffering not only from osteoarthritis and cartilage damage but also from chronic bursitis which is principally referred to as beat knee. All of these unpleasant injuries are caused by unacceptable working conditions in the coal mines which put health and safety at risk and it is believed that compensation will be offered under a claims handling agreement to potential claimants who can prove that :-

• the relevant injury from which they are suffering is attributable to poor working conditions
• the injury was caused by risky practices adopted within the mines
• there was a known risk of injury that the employer was aware of and could have prevented but never the less ignored

It is anticipated that, under any new claims handling agreement, potential applicants in a miners beat knee compensation claim, will be obligated to be medically examined in order to provide proof of the extent of the injury. Unlike in a court-litigated case, compensation amounts will be clearly defined by the use of a tariff scheme which will place all injuries dependent on severity into one of several bands each of which has a pre-determined value attached to it. In addition there will, almost certainly, be a cut-off date which will allow a given maximum period of time to state a claim. Failure to make a claim for compensation within the limitation period will probably mean that the opportunity to claim will be lost forever, although there may be certain exceptions to any general limitation rule.

In general, personal injury damages awarded by the courts in a litigated claim are intended to compensate for losses incurred and to help the claimant get back into the position they would have been in had the injury not occurred. For any government compensation scheme, the terms remain to be seen however past experience of other schemes indicates that payments are typically restricted and miners beat knee compensation claim awards made under a tariff scheme will probably not approach the sums which might be anticipated in a court litigated case. When decided in a court of law, personal injury compensation would include amounts for pain and suffering, disablement, loss of the pleasures and amenities of life and future loss plus any actual financial loss and expenses. In government schemes, a broader approach is generally taken and the amount awarded is based solely upon medical assessment. After medical assessment, the severity of the injury will determine the amount awarded based on the tariff scheme.

A larger regional union, which does not wish to be involved in further litigation, has already begun recommending its members to seek out their own solicitors if they wish to pursue a claim. To speak to a specialist personal injury solicitor at no cost and with no obligation, complete and send the contact form or call our helpline. You will be under no obligation to pursue matters any further and will not be charged for our initial advice.