The family of a miner trapped underground along with 32 others in Chile’s San Jose mine has lodged a lawsuit accusing the mine’s owners and government inspectors of criminal negligence.

The families of the other miners are also set to sue the company for negligence after alleging that it repeatedly ignored warnings about safety concerns and had been fined for breaching regulations.

The company has, however, warned it is considering filing for bankruptcy.

Meanwhile, San Esteban Mining, the owner of the gold and copper shaft in northern Chile, has been ordered by a local judge to freeze $1.8m in revenue so that it can pay future compensation to 26 of the families.

The miners, who have been trapped underground since the mine collapsed on 5 August, are not expected to be rescued before Christmas.