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Hope for ex-mine workers to claim compensation for silicosis, TB

Living mine workers must have permanent lung impairment from Silicosis or TB
 
Living mine workers must have permanent lung impairment from Silicosis or TB

This is part of the process of compensating former Batswana gold mine workers, which has paid a total of almost R102 557 549 (P76 600 000) to almost 907 claimants to date. Through these planned interventions and key stakeholder support, many more potentially eligible claimants will benefit from the Trust. Since beginning the rollout of BME services in November 2024, over 1, 820 ex gold mine workers have been medically assessed for a compensable disease, namely, permanent lung damage from silicosis or from TB related to work at qualifying mines, according to strict criteria. Lusanda Jiya, Tshiamiso Trust stakeholder relations and communications executive, share the following sentiments regarding the expansion of BME and lodgement services in Botswana: “While the TEBA offices in Molepolole and Palapye are always available to assist with claim lodgements, this service for the first time at locations in Gaborone and Kanye, along with the BMEs, demonstrate the Trust’s commitment to improving claimants’ access where possible,” Jiya said.

The schedule for the services is planned as follows: BME services will start off at Old Scottish Livingstone, NCD Clinic in Molepolole from June 16-17, with new claim lodgments taking place at the TEBA office there as usual. Thereafter, Storkfort Health Clinic in Gaborone will offer both new claim lodgments and BMES from June 23-24, finishing off at the Seventh Day Adventist Hospital in Kanye on June 26-27, where lodgments will also be available for the first time. The TEBA office in Palapye remains available for new claim lodgments too. “With these intensified efforts, we are urging all ex-gold miners with lung impairment from silicosis or work-related TB to lodge their claims if they qualify to do so, or to undergo a BME if necessary. Dependents of deceased ex-gold miners should also check if they are eligible to lodge their claims,” Jiya added.

It is important to note that Tshiamiso Trust BMEs do not include TB tests. If active TB is suspected, claimants will not be able to complete their BME, but will be referred for testing, and will need to be scheduled for a BME after they are cleared of TB. The Tshiamiso Trust does NOT compensate for a mine worker having TB or Silicosis, but rather for permanent lung damage as a result of the disease, according to the specific medical eligibility criteria outlined in Schedule H of the Trust Deed. Following the BMEs, the Trust's Medical Certification Panel (MCP) carefully analyses the findings to ascertain the appropriate certification for each claim, thereby determining whether a claim is certified as eligible or ineligible for compensation. Data shows that 70% of claims for living or deceased mine workers are certified as ineligible, because they do not meet the criteria of a qualifying disease in terms of the Trust Deed. The broad eligibility criteria are as follows * Mineworkers must have carried out risk work at one of the qualifying gold mines (owned by African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Harmony Gold, Sibanye Stillwater or Gold Fields) during the qualifying periods between March 12, 1965 and December 10, 2019 indicated in Schedule F of the Trust Deed.

* Living mine workers must have permanent lung impairment from Silicosis or TB that they contracted while doing risk work at these mines, with specific assessment criteria outlined in Schedule H of the Trust Deed.

* For deceased mine workers, there must either be evidence that TB was the primary cause of death within a year of leaving the mine (if the mineworker died before December 10, 2019), OR evidence that they had Silicosis (applicable if they died after January 1, 2008), or died from Silicosis. Claims are assessed thoroughly, following what the Trust Deed prescribes, and specific criteria apply to each of the 10 categories available for compensation. Claimants should be aware that the compensation provided by the Trust is a one-time payment. Once eligible claimants receive compensation, they cannot make further claims, even if their condition worsens over time.

However, according to the Trust Deed, if a claimant is initially deemed ineligible but later develops symptoms of Silicosis, they are permitted to lodge one further claim. Claimants are reminded to be careful of people impersonating the Trust or promising to help speed up their claims. The claims process is free. Claimants should beware of individuals falsely promising faster processing or requesting money. The only cost that claimants may need to pay is R1400 for the BME – ONLY IF they did less than five years risk work. However, this cost is paid back to them if they are found to have an eligible claim. For more information, claimants can dial the call back number (00 27 10 500 6186), drop a text message on WhatsApp (00 27 78 504 9004), send a DM/inbox message on Facebook (Tshiamiso Trust- Silicosis Settlement) or email (info@tshiamisotrust.com). “There has been significant progress in Botswana, and this is attributed to the continued support from our key stakeholders, including the government of Botswana and local service providers, who have been instrumental in ensuring that all eligible claimants, including families of deceased ex gold miners are assisted with relative speed so that they may receive what is due to them. We remain grateful for your dedication to the work of the Tshiamiso Trust,” concludes Jiya.

*The Tshiamiso Trust was established to give effect to the settlement agreement reached between six mining companies and claimant attorneys in the historic Silicosis and TB class action. The companies are African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Harmony Gold, Sibanye Stillwater and Gold Fields.