OSTEOARTHRITIS OF THE KNEE IN MINERS

GUIDANCE

SECTION 1

Industrial Injuries Benefits are paid if you were disabled as a result of an accident at work or a disease caused by your job.

THE IS NO NEED TO USE A SOLICITOR

You must satisfy the industrial injury condition, that is:

You were an ‘employed earner’; and either

You have suffered a ‘personal injury’ in an industrial accident; or

You are suffering from a ‘prescribed industrial disease’; and

As a result of that accident/disease you have suffered a loss of faculty;

And

As a result of that loss of faculty you are disabled.

The percentage of disablements for 2 or more accidents/diseases can be added together. So if you have 7% for PDA11 (Vibration White Finger) and 15% for an accident to your leg, you have a total of 22%.

Assessments are either Final or Provisional.  Provisional means you do not know what is going to happen in the future and you automatically get reassessed at the end of the period.  Final means a fixed period but if you are still suffering at the end of that assessment period, you should ask for a review/appeal.

A new Prescribed Disease was added to the list on 13 July 2009.  PDA14 is osteoarthritis of the knee in miners.

From13 July 2009 miners who worked underground for over 10 years before 1.1.1986 and miners who worked in certain other roles for 10 years since 1,1.1986 can make a claim for Industrial Injuries Disablement Benefit for this disease.

PDA14 – Osteoarthritis of the Knee – Prescription

Work underground in a coal mine for a period of, or periods of, or periods which amount in aggregate to, at least 10 years in any one or more of the following occupations:

a)      before 1^st January 1986 as a coal miner; or

b)      on or after 1^st January 1986 as a –

i)                    Face worker working on a non-mechanised coal face;

ii)                  Development worker;

iii)                Face-salvage worker;

iv)                Conveyor belt cleaner; or

v)                  Conveyor belt attendant

A “non-mechanised coal face” means a coal face without either powered roof supports or a power loader machine which simultaneously cuts and loads the coal or without both.

SECTION 2

ADVICE ON COMPLETION OF CLAIM FORM

·     Put in as much detail as possible about the work that you did.  Do not assume that the decision maker will know what your job entailed.

·     If you have any medical reports, scan reports or x ray reports which support your claim, include a copy with your claim form.

·     Include as much detail as you can about how the osteoarthritis in your knees affects your everyday life.  Think about all the things you cannot do e.g. housework, decorating, gardening, playing with children/grandchildren, hobbies. All these limitations count when assessing a loss of faculty.

·     If you are very old or very ill add that information into the box at the end of the claim form which asks for any other information.  Ask that your claim be fast tracked.

·     If you have any queries or need help to complete the claim form contact your local NUM

VERY IMPORTANT

There is a one month deadline for appealing against any decision with which you do not agree.  The one month period begins to run from the date on the letter giving you the decision.  If you receive a decision with which you are not happy do not delay in seeking advice on lodging an appeal.