COAL MINERS KNEE OSTEOARTHRITIS

There is current ongoing negligence litigation being funded by both the National Union of Mineworkers (NUM) and the Durham Area Union of Mineworkers. In this litigation, only occupational injury claims for coal miners knee osteoarthritis and damaged menisci cartilage are being considered. This case has £10 million committed to preliminary legal costs however it does not include a claim for bursitis injury claims otherwise known as beat knee. If this litigation is successful it is anticipated that it could lead to the setting up of a compensation scheme exceeding £100 million. This case also appears to have focused the attention of the government on the outstanding problem relating to those who have now retired from the pits and are elderly and suffer from bursitis and these potential claimants may also be included in the proposed compensation scheme. It is believed that bursitis injuries were not included in this litigation due to the difficulty in proving such a claim.

Focusing on coal miners knee osteoarthritis – which causes cartilage to be worn away – and damage to the menisci cartilage. The menisci cartilage serves the purpose of cushioning the knee joint in order to make movement pain free. Both damaged menisci and osteoarthritis are often progressive causing permanent injuries which can be very painful. Inflammation, swelling and pain are common symptoms and these injuries may also result in joint clicking and locking of the knee. In order to succeed in a compensation claim, it is essential that claimants and potential claimants are able to prove that the condition was developed as a result of their work in the coal mines. They must also prove that the risk of the injury was known or should have been known, to the employers. Furthermore, it must be shown that the employer failed to provide a safe system of work to protect employees from injury.

The costs of running coal miners knee osteoarthritis cases on an individual basis is generally prohibitive. Miners unions have attempted to claim compensation on their members’ behalf in the past however there has only been one successful knee claim. As a result of several claims scandals, it is not anticipated that the unions will continue to involve themselves further. In fact, one of the larger regional unions has recommended its members to seek out their own solicitors if they wish to pursue a coal miner’s knee claim.

With anticipated number in the thousands, it has lately been indicated that a government compensation scheme will be set up in the near future for those suffering from bursitis. A coal miner’s knee claim handling agreement is expected to be executed during the course of 2006 or 2007. As is the case with most government compensation schemes, there is likely to be a cutoff date after which submitting a claim for compensation will be lost forever. To speak with a specialist personal injury solicitor for a free and with no obligation call our helpline or complete the contact form. If you decide to proceed no further, you are under no obligation to do so and there will be no charge assessed for the initial advice.