I am a retired marine engineer and have been a Union member since November 1974, shortly before I joined my first ship MV Willowbank in April 1975 in Liverpool.
In 1991, on passage up the river to Tacoma, I had a big problem with my left knee as it became very badly swollen. I ended up in agony and went to hospital, where they drained off fluid.
When i got home, i went to St Thomas' Hospital in London for a scan. The consultant told me it showed the back of my kneecap was badly worn, and advised me not to climb stairs, or i would get arthritis sooner than normal. That’s why, in 1993, I took a job on the tugs in Belfast, as there weren’t so many stairs – the engine room deep sea was giving me problems with my knee.
The Union has done great work over the years, and I was a liaison officer for a long time, but I feel that one big failure has not getting seafarers compensation for damage to their knees.
When i was in getting the scan, we had 48 beds and a lot had engineers getting knee operations in them. So I am just wondering why seafarers have not been compensated. Damage was caused by kneeling on the engine room plates doing a job as well as going up and down steel steps, and those on deck also suffered. I have beaten cancer twice and recovered from an accident that hurt my back, but my knee always reminds me of my years at sea.
Membership no 176474
Nautilus director of legal services Charles Boyle responds: Any person who suffered such a knee injury would be entitled to sue their employer/shipowner on the basis that their negligence – e.g. failing to provide the appropriate PPE and safety advice – had caused their knee injury. If successful (through a court hearing or an out-of-court settlement) they would be awarded compensation.
In the UK, applicants have three years to file their claim form in court, either from the date their injury became apparent; or from the date they knew or should have known that their injury was caused by the negligence of their employer/shipowner. I expect that even in the 1990s Nautilus's predecessor unions supported meritorious cases.
I think it highly unlikely that the UK government would have set up a general compensation scheme for those who suffered knee injuries at sea, even if the Union had campaigned for one. Such industry-wide schemes like the Coal Industry Pneumoconiosis Compensation Scheme were difficult to set up and have been very hard fought for.
Any member who wants advice on the viability of a compensation claim for an industrial knee injury should contact our personal injury claims line on +44 (0)151 459 5133. Although the time limit is three years in the UK, time limits in other jurisdictions can differ and might be shorter.
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