The Occupational Lung Disease Working Group, representing six major mining companies involved in a landmark class action settlement from 2018, has welcomed the announcement from the Tshiamiso Trust that benefit payments to former and current miners, as well as their dependents, have exceeded R2 billion.

This achievement marks a critical turning point for the thousands affected by silicosis and tuberculosis (TB) linked to occupational hazards within the mining sector.

The Tshiamiso Trust was instituted to implement the 2018 class action settlement, involving African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony Gold, and Sibanye-Stillwater.

The Trust is charged with administering compensation to eligible mineworkers suffering from silicosis or work-related TB, as well as their dependents.

The Working Group on Thursday expressed pride in seeing the settlement's terms actively implemented.

"We believe that the ongoing implementation of this settlement agreement stands as a powerful testament to the value of a cooperative, constructive and solutions-driven approach - demonstrating that even challenges once thought insurmountable can be successfully overcome," it said.

The Compensation Commissioner for Occupational Diseases has notably facilitated the Trust's access to vital records from the Medical Bureau for Occupational Diseases (MBOD). These records include essential information such as medical reports and service histories, which are crucial for the effective administration of claims. Without this collaboration, many former miners may have continued to be deprived of their rightful benefits.

Additionally, the Minerals Council of South Africa has significantly contributed by funding the digitisation of MBOD files over several years.

Many claimants, previously unaware of their entitlements, have now been reached and assisted through benefit medical examinations and an updated database that has been made readily available to the MBOD.

As a result, a noteworthy proportion of claimants who had not submitted prior MBOD claims can now pursue additional compensation on top of their Trust benefits.

Recent amendments have made significant changes to enhance accessibility and responsiveness to claimants' needs:

Claimants now have 120 days, up from 30, to appeal notices of ineligibility regarding their claims.
The timeline for lung function tests to assess TB-related impairments has been extended from 18 months to 24 months post-treatment.
The Founders waived their rights to request benefit reductions while compensations due to an increase in the Occupational Diseases Money Worker’s Act (ODMWA) are being applied based on CPI adjustments.
Documentation requirements for confirming silicosis and TB as primary causes of death have been relaxed under the Trust Deed.

BUSINESS REPORT

#claims

Silicosis payments to miners and their families reach R2bn under Tshiamiso Trust