South African miners who developed tuberculosis working in gold mines have won a landmark payout from London-listed mining company Anglo American.
It is the first successful case brought by gold miners suffering tuberculosis or silicosis and is expected to lead to a string of other settlements. Tens of thousands of other affected miners are suing Anglo and other mining companies for hundreds of millions of pounds.
The size of the payout to the 23 former miners has not been disclosed. Since submitting claims in 2004 seven of the miners have died of the condition, which is similar to asbestosis contracted by asbestos workers.
Richard Meeran, a partner at Leigh Day who represents the miners, said the success of the first case "shows the writing is on the wall for mining companies".
"Why would [they] fight any cases now?" he said. "We urge the gold mining companies to establish an industry-wide settlement scheme without delay."
Meeran is representing a further 1,200 former miners in another case against Anglo American. They claim Anglo American South Africa (AASA), a subsidiary of the UK-listed parent, failed to provide protection from dangerous levels of dust created by deep-level gold mining between the 1960s and 1990s.
More than 25,000 former miners and relatives of deceased workers are suing a collection of mining companies. AASA did not admit liability in agreeing to the settlement, and will continue to fight the other cases.
"Agreeing to settle this long-standing litigation is in the best interests of the plaintiffs, their families, Anglo American South Africa and its wider stakeholders," the company said.
Meeran said the number of claimants in the class action – many of whom cannot read and write and signed up to the litigation with a thumb print – could rise to tens of thousands and a potential payout could be worth hundreds of millions.
One of the miners, Daniel Seabata Thakamakau, who started mining gold deep underground when he was 19, said: "While Anglo became rich from the work that we did on their mines, we are now suffering.
"I have no money and I cannot afford to get medical treatment. All we are asking is for the company to provide medical assistance and our fair compensation."
He claims that less than 15 minutes after explosions were set off to open up new areas of the gold mine, he was sent in to dust-filled tunnels without any respiratory protection, which is against industry best practice.
"One day I complained about the amount of dust to the foreman, who called the white boss. He said: 'Do the job or go home.' I continued to work as there was no other option to provide for my family."
Thakamakau, who was paid 1,000 rand (about £100) a month, said he is one of the lucky ones, despite finding it difficult to breathe because his chest is "always burning".
"Three of my five close friends from the mine have already died from the condition," he said. "About 70%-80% of families in my area are headed by women because the men have died, often as a result of mining."