MINERS' leaders claim that former coal face workers are dying before receiving compensation they deserve because of government failure.

Following a court case three years ago, the Government agreed to pay out cash to former miners suffering from respiratory disease caused by their work.

There are currently 167,000 claimants around the country, including dozens from Bolton, but the National Union of Mineworkers says, despite agreement to prioritise, those most in need are having to wait too long.

The oldest and most disabled ex-miners and widows are supposed to be paid first, but solicitors acting for claimants say this is not happening and people are dying before they get paid.

"We have been made more than twice as many offers for claimants who are 30 per cent disabled than those who are 90 per cent or 100 per cent disabled. That is unfair," said solicitor Jonathan Markham.

NUM Lancashire area general secretary Billy Kelly, who lives in Bolton, told the BEN he has been angered by seeing friends die before getting payouts which could have made their last days more comfortable. He said: "One man was waiting for a number of years. What he would have liked most was if he could get to the seaside and spend a week or two in the fresh air.

"He never got it. He died last year."

The issue of prioritisation was taken to the High Court in London.

Mr Justice Turner agreed that, on the face of it, there seem to be disproportionately more claims being settled for lower levels of disability.

And he has now ordered the DTI to provide regional statistics for high disability cases.