Frequently Asked Questions
We understand theat you may have additional questions. Please feel free to connect with us on email or Facebook.
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Who can apply for compensation?
Current and former Mineworkers who performed risk work at a qualifying gold mine during a qualifying period of 12 March 1965 – 10 December 2019, and who as a result of performing such risk work, contracted work related TB or Silicosis
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How and why was the date 12 March 1965 chosen?
This date was chosen because it coincides with a new regulatory regime coming into force, brought under the Mines and Works Act 27 of 1956 (“Nkala and Others v Harmony Gold Mining Company Limited and Others, Paragraph 51”).
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Why 10 December 2019 was chosen as an effective date?
This is the day on which the final condition precedent to the settlement agreement was met. In this instance the auditors needed to send notification of the people opting out of the settlement.
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How do I check if I qualify?
You can check your details on https://www.tshiamisotrust.com/status-check or call our call centre line 080 1000 420 if you are in South Africa or dial 00 27 10500 6186 if you are out of South Africa.
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Can a contractor who worked at a qualifying gold mine during a qualifying period submit a claim?
Yes, if you contracted work related TB or Silicosis whilst performing risk work, at a qualifying gold mine during a qualifying period.
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What is risk work?
Risk work is mining work that exposes a mineworker to silica dust which potentially causes silicosis and TB. Silica is found in gold ore bodies and mining it releases silica containing dust. Mineworkers who work in gold mines, underground or in dusty surface areas would be the most exposed to silica dust.
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Does this compensation apply only to mineworkers who worked underground?
No, it applies to all mineworkers that got silicosis or cardio-respiratory TB as a result of carrying out risk work at one of the qualifying mines between 12 March 1965 – 10 December 2019 and who have permanent respiratory impairment as a result thereof. Risk work can include certain types of surface work where mineworkers were exposed to silica dust.
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Can I claim on behalf of my deceased parent?
Yes, dependants or the executor of the deceased estate can lodge a claim. It should be noted, however, that a claim for a mineworker who died before 10 December 2019 will only be eligible if the main cause of death is attributed to silicosis or TB, or there is an approved ODMWA certificate or other exceptions. Contact our call centre to find out what documents you will need.
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Do I pay to lodge a claim or speed the process of my claim?
No, the Trust’s claim process is free. Do not pay anyone to lodge a claim or someone promising you to speed up your claim. Only the Trust’s officials are authorised by the Trust Deed to help process claims and determine if a claim meets the criteria for compensation. The only cost that claimants MAY be required to pay is for the Benefit Medical Examination (BME), BUT only IF the mineworker has done less than 5-years of Risk Work at a Qualifying Mine. However, this cost will be reimbursed if the mineworker is found to be medically eligible. This is stipulated in the Trust Deed.
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Has the Trust paid any claims?
Yes, we have been paying claims since December 2020. Our progress can be viewed here: https://www.tshiamisotrust.com/information/progress-report/.
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Why are claims taking long?
The Trust receives thousands of claims and each claim goes through the 8-step process as stipulated in the Trust Deed. The process is incredibly thorough and demands a lot of time from the small dedicated team. To view the 8 steps click the link: https://www.tshiamisotrust.com/information/how-to-claim/
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What does ineligible mean?
This means that your claim is unsuccessful and does not meet the criteria as set out in the Trust Deed. This may be due to various reasons which you can view on the link that you will receive in the SMS.
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Why am I ineligible while MBOD paid me for TB/Silicosis?
The MBOD and the Tshiamiso Trust are two independent organisations, each with its own policies and criteria that have to be met and adhered to in order for a claimant to qualify for compensation at either, or both, of the organisations.
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What criteria is followed to determine how much I will receive?
The award will depend on the severity of the permanent respiratory impairment caused by the mineworker’s compensable occupational lung disease, as well as his/her employment history at qualifying and non-qualifying mines.
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Is the compensation recurring if I am confirmed to have contracted TB or silicosis?
No, it is a once-off payment, however if you were found to be medically ineligible you can submit a further claim should you believe that you have since developed TB or silicosis. The cost of the medical examination for the second claim will be borne by the claimant. However, this cost will be reimbursed if the mineworker is found to be medically eligible. This is stipulated in the Trust Deed.
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What is the Trust doing to locate eligible claimants?
The Trust regularly consults with Mineworkers Associations, Government, Community based organisations, TEBA and other key stakeholders who are instrumental in assisting in the task of locating mineworkers. We also make use of various social media platforms.
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Is the Trust limited in the number of lodgements/claims it accepts and processes?
There is no limit on the number of lodgements we accept. Any eligible claimant who has a qualifying claim as verified and confirmed by the Trust will receive the compensation due to him or her.
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If I had claimed at Qhubeka Trust, can I also lodge a claim with Tshiamiso Trust?
No, the compensation available through the Tshiamiso Trust does not apply to those who were part of the Qhubeka Trust and Blom settlements, nor to those few who chose to opt out of the settlement during the opt-out period in late 2019.
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How does Tshiamiso Trust and Medical Bureau for Occupational Diseases (“MBOD”) work together?
The Trust collaborates with the MBOD in order to acquire information on eligible claimants who previously lodged claims for compensation with the MBOD. We also try to avoid a duplication of efforts in respect of claimants who are entitled to receive benefits from both the Trust and MBOD.