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 got permanent lung damage from silicosis or work-related TB, according to specific criteria, and as assessed by the outcome of a lung function test.

This compensation is also for dependents if the ex-mineworker is deceased. A dependent can be a wife, husband, child, brother or parent.

The Tshiamiso Trust has established lodgement offices around South Africa’s mining areas and rural areas, and areas in Lesotho, Mozambique, Eswatini and Botswana from where 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, an appointment for a Benefit Medical Examination (BME) will be made for the claimant. This medical examination will not be needed if the claimant is a dependent of a deceased mineworker, or if the ex-mineworker falls into any of the following categories:

  1. If the claimant already has a medical report, it must be submitted to the Medical Certification Panel along with other lodgement documents;
  2. If the claimant has an Approved ODMWA certificate issued after 10 December 2019, it must be submitted to the Trust Certification Committee;
  3. 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 their 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 if the claimant is 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 120 days of it being issued to the claimant.

VIEW THE 8 STEP CLAIMS PROCESS HERE https://www.tshiamisotrust.com/information/how-to-claim/