Compensation is for mineworkers who did ‘risk work’ at one of the 82 qualifying gold mines between 12 March 1965 and 10 December 2019 and who contracted silicosis or work-related TB from their work.
This compensation is also for dependants if the ex-mineworker is deceased. A dependant can be a wife, husband, child or a partner
The Tshiamiso Trust has at this stage established 50 lodgement offices around South Africa’s mining areas and rural areas, and areas in Lesotho, Mozambique, Eswatini and Botswana from which mine labour has historically been drawn.
All claims must be lodged by claimants in-person through a Claims Lodgement Officer at one of the Lodgement Offices. If the Claims Lodgement Officer is not satisfied that a claimant has furnished the documents necessary to substantiate his or her claim, the Lodgement Officer must inform the claimant which documents are outstanding and, where appropriate, assist the claimant with obtaining such documentation. Certain documents, including employment records, may take time to verify mainly as a result of the nature of inadequate record-keeping in particularly the earlier years.
If the Claims Lodgement Officer is satisfied that the required documents have been submitted by the claimant, should the claimant be an ex-mineworker, rather than a dependant of an ex-mineworker, an appointment for a benefit medical examination will be made for the claimant. This medical examination will not be needed if the claimant falls into any of the following categories:
- If the claimant already has a medical report, it and other lodgement documents must be submitted to the Medical Certification Panel;
- If the claimant has an approved ODMWA certificate issued after 10 December 2019, it must be submitted to the Trust Certification Committee;
- If the claimant has an approved ODMWA certificate issued before 10 December 2019, that claimant must be offered the choice of having the certificate submitted to the Trust Certification Committee, or the claimant may instead at his or her choice be referred for a further medical examination comprising a lung function test, to assess whether the claimant’s condition has deteriorated in the interim.
The Benefit Medical Examination (BME) will be free of charge if the ex-mineworker worked for five or more years at qualifying mines during qualifying periods. If the ex-mineworker worked for less than five years at a qualifying mine the claimant will have to bear the cost of the BME, but this cost will be reimbursed should the claimant be found to be eligible for compensation from the Tshiamiso Trust.
If it is clear from the documents lodged that a claimant would not under any circumstances be able to be certified as an eligible claimant, the Claims Lodgement Officer will create an internal record of ineligibility and shall issue a Notice of Ineligibility to the claimant stating the reasons for the decision.
A claimant may request a review of a Notice of Ineligibility within 30 days of it being issued to the claimant.
VIEW THE HOW TO CLAIM 8 STEP PROCESS HERE https://www.tshiamisotrust.com/information/how-to-claim/