1. Who qualifies to claim?
People who were exposed to asbestos dust at or from qualifying mines who have developed asbestos related illnesses may claim.
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2. Can people who lived near the mines also claim?
Yes. People who lived within the vicinity of a qualifying mine and have an asbestos related disease may claim.
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3. What happens if the worker has died, can family members claim compensation?
Yes. Widows, minor children and other dependants may claim provided that:
4. What are qualifying operations?
Qualifying operations are the mines and mills owned by the founders of the Kgalagadi Relief Trust who are the companies which provided the money for payment of compensation to qualifying claimants.
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5. Which mines/mills must I have worked at to qualify to claim?
Mines and mills owned by Kuruman Cape Blue Asbestos (KCB) and Danielskuil Cape Blue asbestos (DCBA) between 1 January 1952 and 30 September 1981.
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6. How can I prove that I have worked for a qualifying operation if I no longer have any documents?
You may approach the offices of the Kgalagadi Relief Trust for assistance in obtaining proof that you worked for a qualifying operation.
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7. What illness must I have before I can claim for compensation?
The Trust Deed compensate for the following illnesses:
Asbestos pneumoconiosis means either asbestosis or asbestos related pleural thickening.
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8. How can I prove that I am ill?
The Kgalagadi Relief Trust will pay for you to go for the following medical examinations to establish whether you suffer from an asbestos related disease:
9. How do I begin the process?
You may approach one of the Kgalagadi Relief Trust’s offices and a trust official will assist you further.
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10. Where do I find the trust’s office?
The trust has offices in the following towns/cities:
Johannesburg – tel: (011) 530 8460
Kuruman – tel: (053) 712 3428
Danielskuil – tel: (053) 384 0300
Burgersfort – tel: (013) 231 7749
Ekulendeni – tel: (017) 884 0331
You may contact the office closest to you or the Johannesburg office for further information.
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11. Are there any other organizations that can assist me to apply for compensation?
Yes. The Kgalagadi Relief Trust has accredited certain organizations called claims handlers to assist potential claimants to lodge their claim. They will assist you in the same way that the trust officials will.
You may call the Johannesburg office of the Kgalagadi Relief Trust for more information.
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12. Do I have to take along any documents to the meeting with the trust official?
Yes. You can take along the following documents to your meeting:
If you are a dependant of a deceased worker you can bring along the following:
If you were exposed environmentally you should take a copy of your identity document. A trust official will assist you further.
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13. What happens when I arrive at the Trust’s office?
A trust official will assess whether you have a potential claim. If you do you will be sent to a doctor for medical examinations. These medical records will be assessed by a specialist panel of occupational health experts. If you have an asbestos related disease you will be requested to complete an application for compensation.
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14. What happens once I have completed my application for compensation?
The application forms will be sent to the Head Office in Johannesburg where your award will be calculated.
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15. Will I be informed of the award before payment?
Yes. Before the Trust pays any compensation to you a trust official will explain to you how the award was calculated. The award will be paid directly into your bank account once you have accepted the calculation.
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16. Can I claim again if my medical condition becomes worse?
You may reapply for an award if you get mesothelioma or asbestos related lung cancer, in addition to your existing asbestos pneumoconiosis.
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17. What happens where I did not meet the medical criteria to qualify the first time that I went for a medical examination?
You may reapply if you did not initially qualify medically for an award, and believe that your condition has now worsened due to asbestos exposure. The Trust will however not pay for the medical expenses of this re-application.
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18. What is the ODMWA deduction?
The ODMWA deduction represents the money that you have received or may be entitled to receive from the government through the MBOD process. The Trust Deed directs this deduction to be made from any award made.
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19. What happens if I have not received any money from the MBOD?
We recommend that every ex-mineworker goes for a benefit examination every two years to determine whether he/she qualifies for compensation from the MBOD.
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20. Sometimes the MBOD pays out compensation to a miner, but the Asbestos trusts deny them compensation. Why is this?
Usually the MBOD and the Trust would agree in their compensations, but they operate under different rules. The differences usually occur because the worker has got sick from another dust disease of the lung, one that is caused by silica dust from the gold mines or coal dust from the coal mines. Sometimes also the MBOD will pay-out for tuberculosis, whereas the Trust does not. In addition, the trust requires lung function impairment before they will pay, whereas the MBOD sometimes does not require this test.
On the other side, the asbestos trusts compensate asbestos related pleural disease earlier than the MBOD, and also compensate environmental claimants who did not work for the mines but lived and were exposed in the vicinity of the mines. The MBOD only compensates ex-workers.
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21. What is the relationship between the Trust and the MBOD?
The Kgalagadi Relief Trust and the MBOD are two separate organizations with different processes and methods of claiming compensation.
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22. What is the effect of my employment at other mines?
If you have been diagnosed with asbestosis and worked at other non-qualifying operations or mines that where not owned by the founders your award will be apportioned on the basis of total exposure.
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23. Will I also qualify for compensation if I also worked at a Cape PLC mine and was compensated through the British court case?
Nothing in the Kgalagadi Relief Trust’s Trust Deed prevents you from applying for compensation if you were also compensated by Cape PLC provided you meet the criteria to claim.
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