Can the dependent of a mine worker who died of lung disease in the 1980s claim benefits today?

The long answer

If your grandfather was working in a mine in Kuruman, it is very likely to have been an asbestos mine. A 1988 article published by South African Institute of Mining and Metallurgy says that blue asbestos or crocidolite is found almost exclusively in the Northern Cape. Most of the asbestos produced in the world came from the Northern Cape. The mines were mainly in the Kuruman and Pomfret areas of Vryburg.

In the early 1980s, the SA Medical Research Council found that exposure to asbestos was directly connected to fatal lung diseases like asbestosis (hardening of the lung tissue) and mesothelioma (cancer of the lung and heart tissue). The number of miners dying from lung diseases caused by exposure to asbestos fibres was extremely high.

In 1984, when black trade unions were on the rise, the General Workers Union and the Black Allied Mining and Construction Union launched an anti-asbestos campaign because of the extreme danger to workers’ health at the mines. Through these union efforts, better ways to diagnose asbestos-related were developed, which included autopsies, if workers had already died. In the same year, 1984, these unions began to launch claims for compensation for asbestosis and mesothelioma.  

In 2003, the Asbestos Relief Trust (ART) was set up after an out-of-court settlement between SA mining companies (Gencor, Gefco, ACA, Msauli and Hanova Mining Limited) and several claimants who were ill with or had died from asbestos-related diseases they contracted from working in these companies.

In 2006, public interest law firm Richard Spoor Inc. reached a settlement agreement with the Swiss mining company, Becon, on behalf of miners who had become ill after exposure to asbestos in Danielskuil and Kuruman. The Kgalagadi Relief Trust (KRT) was set up in February 2006 to compensate qualifying claimants (miners) who had worked at Kuruman Cape Blue Asbestos and Danielskuil Blue Asbestos and had developed an asbestos-related disease. The KRT was to be in existence for 20 years, with an option to reduce or expand its lifespan by 5 years.

The key difference between the two trusts is that the ART covers Gefco and Msauli Mines, and the KRT covers Kuruman Cape Blue Asbestos and Danielskuil Blue Asbestos Mines.

Together, both trusts are estimated to cover approximately 85% of all the asbestos mines in South Africa.

The claims process and compensation through these trusts is separate from the general SA benefit system under the Occupational Diseases in Mines and Works Act (ODMWA), which I will return to.

The trusts have living claims – where the claimant was alive at the time of making the claim. If the claimant dies thereafter, it is called an Estate claim. This means that the deceased’s estate will then pursue the claim.

And the trusts have dependant claims – where a person who was financially dependent on the deceased – can lodge a claim within three years of the date of death. (editor’s emphasis)

So, in the case of your grandfather, it is likely to be too late for a dependant claim. But if you were able to establish if your grandfather worked at one of these mines, perhaps through the hospital where he died, you may wish to contact the trusts and make sure. These are their contact details:

ART website: http://www.asbestostrust.co.za/

ART email: artinfo@asbestostrust.co.za

KRT email: enquiries@kgalagadirelieftrust.co.za

Please-call-me: 066 323 6831.

Asbestos mining was banned officially on 28 March 2008.

Now to turn to the Occupational Diseases in Mines and Works Act (ODMWA) which applies to mineworkers who do not fall under the trusts:

ODMWA covers the following lung diseases:

• Silicosis, which is common in gold and platinum miners;

• Coal Workers Pneumoconiosis (CWP), which is common in coal mineworkers;

• Asbestosis/Mesothelioma, usually found in asbestos mineworkers;

• Chronic Obstructive Pulmonary Disease (COPD); and

• Pulmonary tuberculosis or TB (but only if it is contracted while at work or within one year of leaving work).

The Q(h)ubeka Trust says that all mineworkers and ex-mineworkers who contract a lung disease caused by exposure to harmful dusts on the mines are entitled to apply for compensation from the State under the Occupational Diseases in Mines and Works Act of 1973 (ODMWA).

Ex-mineworkers are entitled to a free Benefit Medical Examination (BME) every two years at accredited facilities.

If a mineworker dies, of any cause, the family can request a free autopsy to see if the mineworkers had a lung disease at the time of his death. If so, his dependants are entitled to apply for compensation from the state under ODMWA.  

The family should tell the attending doctor that the deceased was a mineworker and the doctor should contact the Director of the National Institute for Occupational Health (NIOH) to make the necessary arrangements to have the deceased’s heart and lungs removed during an autopsy. These must be sent to the NIOH in Johannesburg where they will be examined by a pathologist. The costs are carried by the Medical Board for Occupational Disease (MBOD). The autopsy report must be sent to the MBOD Certification Committee which will decide if the deceased was suffering from a lung disease which should be compensated. If so, the claim is referred to the Compensation Commissioner for Occupational Diseases (CCOD) who is responsible for payment. Unfortunately, there has been a history of long delays in making payments, but this is now being attended to.

This is a great deal of information, and it may all be too late in the case of your grandfather. 

You could also ask an organisation like the Q(h)ubeka Trust for help and advice. The Q(h)ubeka Trust assisted many of the goldmine workers with silicosis and TB to claim their money under the Agreement. These are their contact details:

Please Call Me: 076 4755 042

Email: info@qhubekatrust.co.za

Wishing you the best,
Athalie