Beat knee compensation claim guide
Let's start by answering the question "What is Beat Knee?"
Beat knee arises as a result of an injury called bursitis, this is inflammation of a bursa (which is a fluid filled sac that acts as a cushion between moving parts of your body... Such as your knees.)
In most cases this injury occurs over a period of time as a result of over-working the joint. The knee usually becomes injuries when you are constantly kneeling over a long period of time and this injury is particularly concerned in the mining industry for years but also affects carpet fitters, plumbers, electricians or anyone who spends large amounts of time at work kneeling, crawling and squatting.
The injury usually occurs because:
- Of extended use of the knee joints (bending and kneeling)
- Unsafe working practices due to limited space and lack of rest periods
Beat Knee symptoms include:
- General joint pain that increases with movement particularly when the joint is under pressure
- Tenderness and visible swelling and redness in and around the affected joint
- Limited movement in the affected joint
- Locking of the knee
It has been indicated that the government will look to set up a scheme to compensate minors who are suffering with Beat knee and similar work related injuries but the unions are generally advising beat knee sufferers to go to private solicitor if they wish to make a claim. This is because these sort of schemes are notorious for poor payout which are restricted whereas a solicitor acting on your behalf can have a better idea of the sort of sums they should be looking to recover for your specific injury, they will be able to argue and negotiate your claim for you. The media has released articles confirming that former pit users should not use a solicitor to make a compensation claim due to a new scheme, the industrial injuries scheme. The main issue they seem to be pin pointing is solicitors who take large amounts of Minor's compensation upon settlement of the claim. However, you must note that not all solicitors take their costs from your compensation - we certainly don't!
What is industrial injuries scheme?
If you are ill or disabled because of an injury or deafness you sustained at work you may be able to claim Industrial Injuries Disablement Benefit the scheme covers more than 70 types of diseases/injuries and most importantly, Secretary of State for Work and Pensions, James Purnell has confirmed the 'miners knee' will be incorporated into the scheme.
You will not be able to claim for injuries sustained in work whereby you were self employed. And you will only be able to make a claim under this scheme if you have worked for the employer for 10 years or more prior to 1 January 1986.
It has been set up for miners to make a claim through the job centre plus but it could take up to and beyond 6 months to process your claim because of the sheer volume of people lodging claims in this way will cause a large backlog. Under the scheme, your individual circumstances including injury, age and severity of disability are assessed by a doctor on a scale of 1 to 100%.
There are test cases currently being taken through the courts by forms of solicitors, these cases will need to succeed before other claims are able to be made. BUT - if you do suffer from beat knee and think you may be eligible to claim, if you do want the benefits of having a fully qualified solicitor acting on your behalf to seek the compensation you are truly entitled to, contact The Injury Lawyers for further advice.
You must note that plans to close the register for these types of claims are underway and so if you do have a potential claim, act now!
What to do next!
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