Aug/0927
Miner’s Knee claims - New advice on making a claim
The Secretary of State for Work and Pensions, Yvette Cooper, today said that coal miners suffering from miner’s knee should be able to claim the newly available Industrial Disablement Benefit. As the condition is compounded by repetition of a period of time, the criteria for claiming is that the miner has worked as a miner for 10 or more years.
As of 13th July miners who now have osteoarthritis of the knee can now also claim.
However, unlike with Vibration White Finger (VWF) - a common cause for claim and complaint in the 90’s, the DWP are now recommending that claimants contact Jobcentre Plus website directly to find out if they can claim. Consumer Help has reservations over the effectiveness of going through a Government body to make a claim that will ultimately be coming out of the Government kitty.
Would it be wise to trust another Government body? Will they act on your behalf in the same stubborn way as a solicitor would? Will your claim be settled as quickly and efficiently as with a solicitor? These are all the questions we have been asking ourselves since the story broke earlier this month.
At the same time, we can also appreciate why the DWP are recommending going through the Jobcentre Plus. “In 2008 Jim Beresford and Douglas Smith, of Doncaster-based Beresfords Solicitors, were struck off for taking millions of pounds of compensation payouts given to sick miners.” Source: BBC News
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2:41 pm on July 22nd, 2009
i would like to make aclaim for miners knee could please help with information thank you
9:47 pm on July 26th, 2009
I have worked in the mining industry since 1969 contracting,in 1975 i had a accident on the surface,I had to have my cartelidge removed due to the accident for which I recieved £150,Since then i have had a lot of trouble with my knees,having had my right knee replaced and left knee partially replaced,i wonder if you can help me ,Thank you, B Murphy.
5:45 pm on July 29th, 2009
Is it definitely passed that ex miners can claim for “Miners Knee”? As I have heard locally that the case is going to court next March before a definite claim can be made? Can anyone please clarify. Thanks
9:22 am on July 30th, 2009
Hi John. Thanks for your post. We have done some research into this and it would seem that Industrial Disablement Benefit is currently available to claim for. However, it is only from this summer (2009) that Osteoarthritis (’Miner’s Knee’) has been added to the list of conditions in the criteria. Hopefully this info has proved useful but if not please visit: http://www.direct.gov.uk/en/Nl1/Newsroom/DG_177486 for more info.
8:47 pm on August 8th, 2009
I have tried to claim for miners knee from the dss, i worked as a face worker from 1979 until 1993. I have today received a letter saying i do not fit the prescription to claim as i did not work for 10 years before 1986, surely this is not correct. I do have severe osteo arthritus. can anyone help?
11:45 am on August 9th, 2009
Hi Andy. Thanks for your post. This does sound unfair and morally incorrect so we would advise that you contact the Miners Rights website who are backed up by a firm of solicitors who specialise in this sort of thing. Don’t worry it is an absolutely FREE service. Keep us all updated with how you get on.
11:58 am on August 9th, 2009
Hi again John. Just a quick update on your post about miners injuries and health conditions… the Miners Rights website has been setup backed by a firm of solicitors to help in this matter. There is no charge for their services so it could be worth contacting them through their website.
11:59 am on August 9th, 2009
Hi Bernard. Just a quick update on your post about miners injuries and health conditions… the Miners Rights website has been setup backed by a firm of solicitors to help in this matter. There is no charge for their services so it could be worth contacting them through their website.
12:00 pm on August 9th, 2009
Hi Geoffrey. Just a quick update on your post about miners injuries and health conditions… the Miners Rights website has been setup backed by a firm of solicitors to help in this matter. There is no charge for their services so it could be worth contacting them through their website.
11:48 pm on December 20th, 2009
Hi
think its completely unfair to put the 10yr ruling, i was a faceworker working three foot seams, and later years salvaging gullicks etc on the same seams, i damaged my knees doing this had years of trouble operations etc and now have to have both knees fully replaced, I am severely limited by what work I can do and have suffered years due to this, but i had less than ten years in and cannot claim even though consultants have stated the faceworking in the cramped conditions is no doubt the main cause, I am 53yrs old and can only do light work such as driving etc, Im driving ambulances at the moment, and draw £165.00p a week wages.
1:33 pm on January 19th, 2010
I am in the process of appealing against the decision to award me 5% disability at which I was totally amazed at. I have asked for details of the criteria used in the assesment. I have had much paperwork back but no clear criteria. it seems this is done by a non medical person. I have asked how the conditiobn of my knees can be asses without looking at X rays. In my case they have totally ignored all the information I have provided and details of the surgeons letter. Has anyone any info on what will happen at the independat appeal tribunal.
Colin Holland
3:04 pm on January 28th, 2010
I have since found out on recieving the doctors report the he reccommends the amount of disability and the decision maker rubber stamps it.
1:30 am on January 31st, 2010
Hi Colin. I am in the same situation and appealing against decision - any hints or tips?
10:50 am on February 3rd, 2010
Geoff
I am in the early stages yet. I am going back to the consultant for my X Rays to take with me. I am organising the documentation they have sent me so I can refer to any points easily. I am also taking a witness to confirm the difficulties I have. Prior to going in for the inter view I will have summarised any point I feel is relevent. I believe the panel will be mixed with a max of approx 3 people with at least 1 being medically. It is in an informal setting.
Colin H
9:20 am on February 4th, 2010
i have been for the so called medical and i thought it was a job interview i was awarded 5% of which i thought was pathetic i have started an appeal i have just been for an xray is it possible to obtain a copy of this to take to my tribunal regards nige cooke
1:15 pm on February 9th, 2010
Hi Nige, thanks for your post.
To answer your question simply the NHS can and will provide you with a copy of your x-ray. Under special circumstances they can refuse this request but only if they feel the copy can effect your mental health.
The liklihood is that you will need to write to your hospital and/or GP who will charge a fee of £10 for a printed copy. If it is not held electronically then it could be £50.
Hope this answers you question.
9:31 pm on February 16th, 2010
can anyone tell me if beat knee and osteoarthritis of the knee need seperate claim forms and is anyone going thro solicitors or job centre
3:48 pm on February 17th, 2010
Thank you for your post. As far as we’re aware only one claim form is required. Our recommendation for making a claim is to use: http://www.minersrights.co.uk - this website is controlled by Gravitas Law Ltd. who are specialists in miners claims, do not touch any of your compensation and provide a free-of-charge service.
I would suggest going to this website and contacting them and they will explain the full process.
12:28 am on February 18th, 2010
hI COLIN AND JEFF CAN YOU TELL ME WHAT HAPPENED AT THE MEDICAL AND DO THE CHASE UP OLD MEDICAL RECORDS AND DO THEY GIVE YOU ANY IDEA THERE AND THEN WHAT PERCCENTAGE YOU WILL PROBABLY GET
2:00 pm on February 18th, 2010
Do anybody know if you had to work on the face to make a claim for the knees,
I worked underground for 15yrs but not on the face has all face training was stopped. (just my luck)
10:35 am on February 22nd, 2010
Hi Gary,
As far as we at Consumer Help are aware, the requirement for Miners Knee claims is that you have worked UNDERGROUND for 10 years or more. The Job Centre are currently telling former miners that if you have worked on the face then you do not qualify but we believe this to be untrue.
As always, we recommend you visit: http://www.minersrights.co.uk who provide a free service and will investigate your claim without taking any of your compensation payout.
Keep us updated!
9:50 am on February 25th, 2010
Harry
My hearing is not untill may. They will not chase any records up they say it is for you to provide evidence. So you need any X rays, letters , wittnesses, Photos of any modifications to your home which have helped you to manage. Even to the point where you have paid extra for holidays for easy access. I suspect if you are claiming any other disabilities such as VWF these will be taken into account and may lessen the amount they give you. These need to be sent to them well beforehand.
9:47 pm on February 26th, 2010
this process seems complicated so you have to get the evidence to present to the panel is that right and if you pay for example for electronic xrays possibiliy £50 there is a chance you may not get anything from trying to claim. If you go thro miners rights do they do all the chasing up of medical records is anyone here using there service thanks
11:47 pm on May 18th, 2010
Hello,
I too am looking for any available help or guidance with regard to appealing and pursuinng claim for this.
I worked for 25 years, so i have not been informed that there was a problem regarding length of service. However following the initial medical I have been advised that my disability is only 6% which I am finding very hard to digest.
I know I need to appeal this but am looking for any help, on where I need to go from here.
Many thanks in advance with regard to this.
9:55 am on May 19th, 2010
Thanks for your comments William. There is an appeals process which should be outlined on the documents detailing the extent of your disability etc. You will need to contant the DWP and talk to them regarding this matter.
On a separate note, if you have claimed for Vibration White Finger in the past you may have been undersettled by thousands of pounds so it is worth your while having that checked for you FREE OF CHARGE. Visit Miners Rights for further details.
9:52 pm on August 6th, 2010
had medical with one doctor who examined legs now got letter saying i do not have bursitis and therefore not eligablie for any benefits