The process of paying compensation to former mineworkers who contracted TB or silicosis between March 1965 and December 2019 got into full swing this week when the Tshiamiso Trust began another round of countrywide screening, verification, medical examination and payment of benefits after a hiatus in the programme during the pandemic.
Last April MedicalBrief reported that it had been a decade since gold miners afflicted by the silicosis first launched a class action suit seeking compensation from 30 gold mining companies on the grounds that the mines did little to protect their safety.
Settlement was eventually reached with six mining companies in July 2019, when the Gauteng High Court approved a R5bn class action settlement.
TimesLIVE reports that the agreement provided for the establishment of the Tshiamiso Trust, set up to verify and disperse funds to eligible mineworkers and the dependants of deceased mineworkers arising from silicosis and pulmonary tuberculosis, with amounts ranging from R70 000 to R500 000 based on the severity of their health condition.
However, some miners claim they registered with the trust in 2018, but have had no success in claiming. Professor May Hermanus, chair of the Tshiamiso Trust, conceded two years ago that there had been several delays and that potential beneficiaries have to undergo lung function tests, which could not be done during the coronavirus pandemic.
Because the claims date back so far – to March 1965 – there is the added complexity of tracking down employees who have long since retired or, in the case of those who have died, putting systems in place to allow beneficiaries to claim. By April last year, the Trust had paid out more than R320m to 3 600 claimants.
According to the Trust, for every claim paid, many more are rejected due to various provisions stipulated in the Trust Deed. Reasons why a claim may be found to be ineligible include:
• The mineworker did not carry out risk work at one of the 82 qualifying gold mines during the time periods stipulated in the Trust Deed (12 March 1965 and 10 December 2019).
• The medical records do not show evidence of either of the two compensable diseases – TB or silicosis.
• A lung function test could not be performed by the claimant.
• The claimant was part of a previous settlement agreement, and therefore cannot also claim through the Trust.
See more from MedicalBrief archives:
Class action silicosis claimants so far paid R320m of R5bn settlement
Justice for Miners Campaign: Not enough being done for TB and silicosis compensation claimants
Silicosis and TB claimants allowed to appeal rejections