Gold mineworkers or their dependants, if the mineworker has passed away, may be due compensation if they contracted silicosis or certain types of TB caused by their work at any of the qualifying gold mine, during the qualifying period.
- A list of the qualifying mines can be found here;
- Mineworkers who worked for mines that are not part of the settlement agreement, will not be eligible for compensation from the Trust;
- Where a claimant who qualifies for a benefit but has worked at both qualifying and non-qualifying mines, he or she will be paid a pro-rata proportion of the full claim;
- However a mineworker who qualifies for a benefit and worked at one or more qualifying mines during the qualifying period for 30 years or more will be paid the full amount of compensation due for the relevant class of qualifying silicosis or TB;
- It should be noted that certain mines that changed ownership over time are qualifying mines only for those periods that they were associated with any of the six companies party to the settlement agreement.
There are ten classes of claimants who, once properly certified, may be potentially eligible for compensation. You may be able to lodge a claim for compensation if you are:
- A current or former mineworker who worked for a qualifying mine at any time between 12 March 1965 to 10 December 2019 – and contracted silicosis or work-related TB; or
- The dependant (wife, partner or child) of such gold mineworkers who has passed away;
The ten classes are as follows (these amounts are the maximum a claimant will receive from Tshiamiso Trust if they meet all the criteria):
- 1. Silicosis Class 1: R70 000; This is an early stage of silicosis (lung function impairment of up to 10%) which is not compensable in terms of ODMWA;
- 2. Silicosis Class 2: R150 000; This is the equivalent of 1st degree silicosis in ODMWA;
- 3. Silicosis Class 3: R250 000; This is the equivalent of 2nd degree silicosis in ODMWA;
- 4. Silicosis Class 4 with defined special aggravated medical condition: a special award of up to R500 000. This category provides relief to a small number of eligible claimants who are suffering from extraordinary disease conditions which exceed most other silicotic claimants. There is no equivalent ODMWA compensation category;
- 5. Dependant of a deceased eligible silicosis claimant who died between 12 March 1965 and 10 December 2019: R100 000, where silicosis is deemed to be the primary cause of death;
- 6. Dependant of a deceased eligible silicosis claimant who died between 1 January 2008 and terminating on the effective date, where the deceased had the condition referred to in 2 or 3 above: R70 000;
- 7. First degree tuberculosis. An eligible claimant must: (i) have worked underground at a qualifying mine for two years; and (ii) have been diagnosed with first degree tuberculosis within a year of working at least one shift at a qualifying mine: R50 000;
- 8. Second degree tuberculosis (same conditions as 7 above save for second degree diagnosis): R100 000. The tuberculosis diagnoses are in line with MBOD definitions;
- 9. “Historical” tuberculosis (in absence of medical report determining degree of tuberculosis): An eligible claimant must: (i) have worked at a qualifying mine for 2 years between 12 March 1965; and 28 February 1994; (ii) have been issued with a tuberculosis certificate (without indicating degree of tuberculosis) within a year of working at least one shift at a qualifying mine: R10 000 for same condition as (i) and (ii) above but with proof of first degree tuberculosis: R50 000 or second degree tuberculosis: R100 000;
- 10. Dependant of a deceased eligible tuberculosis claimant where: (i) the deceased worked underground at a qualifying mine for two years; (ii) the deceased died within a year of working at least one shift at a qualifying mine; and (iii) tuberculosis was the primary cause of the deceased’s death: R100 000.
From the third year of the life of the trust, compensation levels will be adjusted for inflation in line with the Consumer Price Index to ensure that the value of the compensation amounts is not eroded by inflation.