EX-MINERS kept waiting for compensation for chest diseases could be receiving less than they deserve, fears a solicitor.

Gareth Morgan, of law firm Hugh James, was one of the solicitors involved in the original court battle which led to former pitmen being given the right to claim compensation. Now Mr Morgan, who is still involved in the fight for justice, says he believes the longer men are kept waiting, the more out-of-date their payments will be.

The Argus has been campaigning for nearly three years to speed up compensation payments to ex-miners with chest diseases, or their families.

Mr Morgan was speaking after the Argus revealed how Robert Surtees, (pictured) of Poplar Road, Croesyceiliog, has been waiting more than four years for compensation.

He worked for 13 years in the pits, and is now virtually housebound. Mr Surtees underwent the Medical Assessment Process last May, after which he was declared 70 per cent disabled.

The specialist who carried out the assessment estimated that Mr Surtees would be 80 per cent disabled when he reached 80, which was in March this year.

Mr Morgan said: "So would Mr Surtees now get paid as someone who is 70 per cent disabled, or someone who is 80 per cent disabled? We say it should be 80 per cent. "This is an issue that will get more important as the delays get longer and longer, as they are bound to. I can see a time coming when we are dealing with medical reports which are two or three years old."

Meanwhile, the Argus has discovered that there is confusion over the hold-up in Mr Surtees' claim.

A spokesman for the Department of Trade and Industry said the government's claims handlers had written to Mr Surtees' solicitors requesting further details of his employment history.

He said an offer should be made when the information was received. But Mr Morgan said there was no record of any information being requested. He said: "We are simply waiting for an offer of settlement."