My employer has told me that I cannot claim beat knee compensation as kneeling was an unavoidable part of the job and knee injuries are to be expected. Does this mean I cannot claim compensation for beat knee?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Employees are entitled to claim beat knee compensation provided that beat knee has developed as a direct consequence of their work, and if the condition has been caused by employer negligence. Employees must be allowed to perform their jobs safely and without an excessive risk of sustaining an injury. If an employer does not take steps to reduce the risk of developing beat knee – also known as knee bursitis – then a beat knee compensation claim can be made against a negligent employer’s liability insurance policy.
Beat knee usually develops due to excessive bending of the knees or kneeling for extended periods of time. It is a serious occupational illness, as while it is not life threatening it can prevent employees from being able to work for long periods of time and can cause considerable pain and discomfort. You should not be made to suffer as a result of employer negligence, and a claim for beat knee compensation will ensure that your pain, suffering and financial loss is adequately compensated.
If kneeling was unavoidable in your line of work, your employer should have taken steps to reduce the risk of injury. The amount of time you were required to spend on your knees should have been reduced to the minimum practical level, and you should have received training on how to perform your job while reducing the risk of injury. Failure to reduce the risk of beat knee to an acceptable level is grounds for making a beat knee compensation claim. It is also an employer’s responsibility to supply personal protective equipment to reduce the risk of injury. A failure to provide knee pads for example, can be classed as employer negligence and could be grounds for making a claim for beat knee compensation.
A personal injury solicitor will help to establish whether you have a valid claim for beat knee compensation and you should speak with a solicitor as soon as possible for legal advice. However, your health is the number one priority. You must visit a doctor to have your knees examined and you should explain the nature of your job and how you believe you sustained your injury. You must also make a report in your Employers Accident book detailing your condition. Beat knee claims are not possible without a medical diagnosis and your employer must have been advised of your condition in writing. The accident book report and your medical records will be used by a personal injury solicitor to support your claim for beat knee compensation.