Mines in historic R5bn lung injury settlement

MINING companies are going to fork out about R5-billion to mineworkers after a historic class action settlement was reached with those suffering from silicosis and tuberculosis yesterday.

The settlement is the first kind in South Africa.

It was reached between the Legal Resources Centre (LRC)‚ Abrahams Kiewitz, and Richard Spoor Attorneys of its on the one hand, who represented thousands of mineworkers‚ and the Occupational Lung Disease (OLD) Working Group‚ who represented African Rainbow Minerals‚ Anglo American SA‚ AngloGold Ashanti‚ Gold Fields‚ Harmony‚ Sibanye Stillwater and Pan African Resources on the other hand.

The draft settlement was signed at a hotel in Parktown‚ Johannesburg and will provide a medical examination and compensation to mineworkers who worked from March 12 1965 to date.

The High Court in Johannesburg will now review the draft settlement. Once it has been approved a trust deed will be set up.

There are 10 classes of claimants:

● R70 000 for silicosis class 1. This is an early stage of silicosis (lung function impairment of up to 10%);

● R150 000 for silicosis class 2. This is the equivalent to first degree silicosis;

● R250 000 for silicosis class 3;

● Up to R500 000 for silicosis class 4 with a defined special aggravated medical condition;

● R100 000 for dependants of a deceased eligible silicosis claimant;

● R70 000 for dependants of a deceased eligible silicosis claimant who died between January 1 2008 and the effective date;

● R50 000 for first degree tuberculosis. Claimants must have worked underground at a mine for two years;

● R100 000 for second degree tuberculosis with the same conditions;

● R10 000 for “historical” tuberculosis. Claimants must have worked at a mine for two years between March 12 1965 and February 28 1994; and

● R100 000 for dependants of a mineworker who died from tuberculosis within a year of working for two years at a mine.