How to claim

If you have silicosis or TB and you work or used to work at a mine, you may be entitled to claim compensation. This website explains what you must do to find out if you have silicosis or TB, and then how to claim compensation if you are entitled to it.

You can only claim compensation if you are certified with an occupational lung disease

On this page we discuss the following steps:

steps

warningBe careful. No-one should ask you to pay for forms or for help.

  • Remember that all the forms you need are free – no-one can ask you to pay for them.

    If you cannot download them, you can pick up copies at:

    • HR or the clinic at the mine
    • The MBOD in Johannesburg
    • The One Stop centres
  • You should also not have to pay to have your documents certified or your fingerprints taken by the police, or to have your documents stamped by the bank.
  • You do not have to pay anything when you apply for compensation.

    And you do not have to pay for the medical examination at a government hospital or clinic, or at a private doctor if they are part of the agreement with government to give every mineworker one free medical examination every two years. If you have more than one examination in two years, then you will have to pay for the extra examinations.

How to be certified for Silicosis or TB

step1Establish if an occupational lung disease is present

The first thing that needs to be done, if you suspect that you or someone else has a lung disease, and you work or used to work at the mines, is to get a medical examination.

This is a special examination called a “Benefit Medical Examination” (BME), which has to be done by one of the following –

  • A hospital or clinic at the mine where you worked
  • The MBOD
  • One-stop service centres
  • Contracted public hospitals and doctors

NoteWhen you go for the BME, make sure you take a copy of your ID with you, and any documents that have details of your employment record (labour history). Also remember that every mineworker, and every person who used to work on the mines, is entitled to have a BME every two years, for free (if you go to the designated centres, hospitals or doctors).

You must make sure that you take these documents with you for the examination:
  1. A copy of your ID document
  2. Your Record of Service which can be any of these things (you only need one)–
    1. A TEBA record of service, stamped and signed by the TEBA official – from your local TEBA office; or
    2. Certificate of Service stamped and signed by the employer; or
    3. Official documents from the employer with the details of your employment – the period, start and end date and any positions you occupied in that time.
  3. Any medical records – a clinic card, any x-rays you ever had done, or any letters from the from the hospital if you were ever sick or injured.

 

step2Submit all documents for certification

When your BME is done, the people who conducted it will send the following information and documents to the certification committee:

  1. Fully completed BME application (this will be completed by the staff when you go for the test)
  2. Copy of ID
  3. Labour history
  4. Clinical history
  5. A chest x-ray
  6. A lung function test
  7. Sputum results (if they suspect there is also TB)
  8. Histology or microscopy report (if lung cancer is suspected)

The certification committee is made up of doctors who are approved by the Minister of Health, and they look at all the information in order to make a decision about whether or not the person has a compensable occupational lung disease.

Once the committee has looked at your application and the outcome of your examination, they will send the results back to the hospital or doctor who examined you. The doctor will ask you to come back to the hospital so that someone can explain the decision to you.

NoteIf you have been certified with Stage 1 or Stage 2 Silicosis, you can then begin the process to claim for compensation. The doctor or nurses can help you with that. Find out about the compensation process below.

 

How to claim compensation

Once you have been certified as entitled to claim, this is the process you need to follow in order to claim compensation:

step3If you are claiming compensation for yourself:

    1. Get all the forms you will need – they can be downloaded here. You can also get them from HR or the clinic at the mine, or the MBOD or the one-stop centres.
    2. Make sure you have the correct GW24/80 form – there is one for Silicosis and one for TB.
    3. Fill in all the details on the GW24/80 and GW24/17 forms (but do not sign them). Take them, your ID document and a copy of your ID to your nearest police station. The police must stamp and certify your ID copy and your signature on the GW24/80 form. They must take your fingerprints on the GW24/17 form and stamp and sign that as well.
    4. Go to the bank, with the completed and signed V47 form, and get it stamped and signed by the Bank. Also get a bank account statement signed and stamped by the bank. Attached the statement to form V47.
    5. Find your Record of Service and Pay Advice, which can be any of these things (you only need one) –
      1. A TEBA record of service, stamped and signed by the TEBA official – from your local TEBA office; or
      2. Certificate of Service stamped and signed by the employer; or
      3. Official documents from the employer with the details of your employment – the period, start and end date and any positions you occupied in that time.
    6. The pay advice
      1. If you are certified for TB, the mine must calculate your loss of earnings for the period 6 months after you were certified with TB, on page 2 of the TB GW24/80 form.
    7. Once you have all this information you can submit the claim.

step4Where to submit the claim

    1. Post it to P.O Box 4584, Johannesburg, 2000
    2. Fax it to 011 403 1346
    3. Drop it off at 144 De Korte Street, Braamfontein, 2000

deceasedCompensation for lung diseases in deceased mineworkers

NoteYou need this information if you want to find out about claiming compensation for a mineworker or former mineworker who has passed away (and did not claim while he was alive).


The autopsy and examination process

Before any compensation application can be considered, the lungs of the deceased person must be removed in an autopsy and sent to Johannesburg for examination.

This must happen as soon as possible after death. The lungs can only be removed with the written consent of the deceased person’s family – and the examination in Johannesburg will not be carried out if the consent form is not completed.

The lungs must be removed before the burial takes place – ask the hospital, doctor, clinic or undertaker for help in organising this. The lungs will be preserved in a special container…

The following documents must be sent with the lungs when they go to Johannesburg -

  • Consent form
  • A copy of deceased person’s ID document
  • The deceased person’s Record of Service which can be any of these things (you only need one)–
    • A TEBA record of service, stamped and signed by the TEBA official – from the local TEBA office; or
    • Certificate of Service stamped and signed by the employer; or
    • Official documents from the employer with the details of employment – the period, start and end date and any positions occupied in that time.
  • Any medical records – a clinic card, any x-rays you ever had done, or any letters from the hospital if you were ever sick or injured.
  • The only time the lungs will not need to be removed is if the deceased was already certified as having an occupational lung disease before he passed away. You MUST have the certificate that proves this, or the application will not be considered.
What will happen next?

When the lungs and documents arrive in Johannesburg, the lungs will be examined by the doctors at the National Institute for Occupational Health (NIOH) to see if there are signs of occupational lung disease. The doctors will then write a report for the MBOD certification
committee.

The committee will then look at the report and all the other documents and decide if the deceased had an occupational lung disease and if he would then qualify for compensation. If he qualified, they will issue a certificate and send it to the MBOD/CCOD for processing, and they will also let you know of the outcome.

If the deceased qualified for compensation, you will need to send the following
information to the MBOD so they can process the compensation:

  • A copy of the official death certificate.
  • A certified letter of authority from the Magistrate’s Court confirming that you are the beneficiary of the deceased.
  • If you were married to the deceased, you also need a copy of your marriage certificate.
  • Each beneficiary must take the completed and signed V47 form, get it stamped and signed by the Bank. Also get an account statement signed and stamped by the bank. Attached the statement to form V47.
  • Fill in all the details on the GW24/80 and GW24/17 forms (but do not sign them). Take them, your ID document and a copy of your ID to your nearest police station. The police must stamp and certify your ID copy and your signature on the GW24/80 form. They must take your fingerprints on the GW24/17 form and stamp and sign that as well.
  • Now the claim can be submitted

For more information you can call

The pathology division of the NIOH:
Tel: 011 716 6519 / 011 712 6444
CCOD Contact Centre
Tel: 0801 000 240