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Who can apply for compensation?
You may be eligible if:
Mineworkers who did risk work at qualifying mines (during qualifying period,12 March 1965 – 10 December 2019) (or if deceased, their dependants) are potentially eligible for compensation.
If they did so for more than 5 years they are entitled to free medical benefit examinations to determine whether they have silicosis or TB as defined in the trust deed. If they do, they will be eligible for compensation. The amount of compensation depends on the nature of the eligible claimant’s illness. This is defined in the trust deed and explained on this site.
The amount will be reduced pro rata for any time that they worked at a non-qualifying mine (or at a qualifying mine during a non-qualifying period).
But if they worked at one or more qualifying mines during qualifying periods for 30 years or more they will be paid the full amount of compensation due for the relevant class of silicosis or TB as defined in the trust deed. Mineworkers who worked for less than 5 years at qualifying mines are also potentially eligible for compensation but if they want to claim they must have a benefit medical examination at their own expense (and will be reimbursed if it turns out that they do have silicosis or TB as defined in the trust deed).
View the list of qualifying mines here
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.
If I was a contractor and I got silicosis can I also apply for compensation?
Yes, as long as you worked on one of the qualifying mines during the qualifying period.
Do I need to pay someone to help me claim?
No, you do not need to pay anyone to help you claim. There are many people out there who are making promises to people that they can get them compensation from the Trust and taking money from them, when they have no way to make that happen. These people are not officials of the Trust and are not authorised by the Trust to handle claims. Only the Trust’s officials are authorised by the settlement agreement to help process claims and determine if a claim meets the criteria for compensation. The authorised officials will not expect any payment from you for their involvement and/or assistance.
Those who dishonestly make promises of payment from the settlement fund in order to persuade people to pay them money are not authorised to do so by the settlement agreement and are not officials of the Trust. They will be reported to the police authorities.
How and why was the date 12 March 1965 chosen?
The reason for the date is that it was the date when a new regulatory system came into effect in terms of the Mines and Works Act of 1956.
Does this compensation apply only to mineworkers who worked underground?
No, it applies to all mineworkers that got silicosis or certain types of TB while carrying out risk work at one of the qualifying mines anytime from 12 March 1965 – 10 December 2019. Risk work can include certain types of surface work where silica dust may be present.
What is the formula for calculating compensation where a mineworker worked at both a qualifying and a non-qualifying mine?
Pro-rata, though anyone who worked on a qualifying mine for 30 years or more will receive full compensation.
How will the Trust find potentially eligible claimants who need to be compensated?
The Trust will communicate to people in the labour sending areas and elsewhere through radio, the TEBA offices and any other means deemed to be reasonably effective for communication purposes.
When will the Trust start paying claims?
The Trust needs to be afforded a reasonable time to set up the claim lodgement and related processes. It must be remembered that the Trust was only formally registered in February 2020. We will communicate as soon as we are ready. It is a very big job and we hope to start paying compensation in a reasonable time.
Do you know if there is money from the settlement fund for me?
The Trust will adopt a secure verification process that may include the examination of claimants in order to ensure that payments are only made to eligible claimants. The Trust will also attempt to make contact, where reasonably possible, with potential beneficiaries based on the records provided to the Trust by the settlement parties.
Is there a limit to how many people can claim from the Tshiamiso Trust?
There is no limit on the number of potentially eligible claimants. Any claimant who has a qualifying claim as verified and confirmed by the Trust will receive the compensation due to him or her during the 12-year lifetime of the Trust.
Do I need a lawyer?
No, you do not need a lawyer and there is no reason pay anyone to help you. The Trust will be able to help you for free. The money will be paid to you directly and you must be careful, no-one should ask you to pay them to help you to submit your claim. Your medical examination will also be free if you have done risk work for at least 5 years.