I retired as a coal miner five years ago and last month I was diagnosed with beat knee, the doctor said it was due to my career in the mines. Am I eligible to claim for getting beat knee at work?
Under the UK Statute of Limitations you have three years from the date you first became aware of your injury to claim compensation, as you were only diagnosed last month you are still eligible to make a compensation claim for getting beat knee at work.
However, in order to successfully claim, you will need to demonstrate that your employer’s negligence contributed to the development of your condition. This could be due to employers giving staff inadequate safety training in the importance of posture or because of an extended use of the joints due to restricted space and inadequate rest periods. Employers have a duty of care to provide staff with a safe working environment and the necessary safety equipment; they may be liable for the development of your condition if they failed to provide you with these.
If you wish to pursue a claim for getting beat knee at work, it is recommended that you speak with a personal injury solicitor as they will be able to advise you on the procedure to follow and evidence to gather to ensure you give yourself the best possible opportunity of successfully claiming compensation.
They will also aid you in finding your former employer if the business has since closed down or will help find the insurance company your employer had a policy with. You may be entitled to claim compensation for the costs incurred which are directly associated with your injury (known as special damages), you will also be eligible to claim for physical pain suffered as well as loss of amenity if your condition means you are unable to take part in hobbies and social events that were part of your life before you developed beat knee.
If your injury results in a loss of mobility causing you anxiety or stress you may also be entitled to claim compensation for emotional trauma, although a psychologist must first verify this injury before it can be included in your claim.
Your solicitor will evaluate your claim taking the above factors into account and will be able to tell you the potential value of your claim for getting beat knee at work. This will be particularly useful if you are made a direct offer of compensation from your employer’s insurance company as it will allow you to make an informed decision as to whether or not you should accept their offer, although all such offers should be referred to your personal injury solicitor as he or she will ensure you receive the maximum amount of compensation you are entitled to.