Miners suffering from knee injuries, osteoarthritis and chronic lung disease from inhaling dust on the pit surface as opposed to underground were excluded from the previous compensation scheme, which allowed for settlements for exposure to asbestos, vibration white finger and other related illnesses suffered by underground workers. About 1,000 miners with knee injuries caused by prolonged periods of kneeling and walking long distances over uneven ground and carrying heavy loads have had their cases heard by Leeds county court. They are currently awaiting these cases to be transferred to the High Court in London.

The Government is contesting the claims and the legal bills are mounting as the cases await trial. Estimates are that the £5million figure will double by the time the cases are settled. The delays by the Government to settle these cases quickly could also mean that any new compensation schemes are likely to be complex, costing even more in legal fees.

Representatives for the miners feel that the Government has handled the situation badly and rather than spending millions on legal fees, the money would be better spent on giving out smaller compensation amounts to cover costs for breathing equipment needed by those with chronic lung disease, for example. The previous scheme compensated miners for injuries and illnesses caused by underground work, but did not include any resulting from surface occupations. The new battle for those excluded from the previous scheme has brought complaints that the only winners in the current legal battle are the lawyers, rather than the miners. The original scheme set up by the Department of Trade and Industry after it lost a test case in 1988 and has to date paid out £6.9billion. More than half of that amount has gone in legal costs rather than on compensation payments.

The Industrial Injury Advisory Council has recommended that 'Miner's Knee' becomes a prescribed disease for miners working on the coalface and at the surface. Despite this recommendation and the mounting evidence for the long-term health effects of chronic lung disease as the result of exposure to dust, the battle for compensation continues.

Specialist solicitors with experience of mining related injuries and illness claims are hoping that the Government will reach a deal with the thousands of miners still seeking compensation, but are preparing for a long, legal fight through the courts. If you feel that you are eligible for compensation as a result of illness or injury affected through a career in mining, then you should contact a specialist solicitor with experience in this field. They will also have access to expert medical witnesses who have made a study in the effects of exposure to hazardous conditions commonly found in mining, as well as experience in dealing with these cases. The intention is to include chronic lung disease, 'Miner's Knee' and osteoarthritis as eligible complaints that should be compensated alongside other conditions such as mesothelioma and Vibration White Finger. These cases are often complex and protracted, with expert testimony and detailed evidence of a direct link between cause and effect required to further a case towards compensation or settlement. In this instance, the services of an expert legal consultant experienced in this particular area are vital.