Black Lung

Black Lung

Black Lung is a disease that typically affects those who work in the mining industry. The term “black lung” is actually a legal term that describes the preventable, occupational lung disease that is contracted by prolonged breathing of coal mine dust.

In 1969, Congress mandated that black lung be eradicated from the coal industry. However, it remains prevalent today. In fact, there are an estimated 1500 coal miners who die each year from the disease.

Compensation

In December of 2000, the US Department of Labor (DOL) implemented the Black Lung Benefits Act. Generally, the Act works to provide benefits to those who have become totally disabled from black lung disease that arose from their employment “in or around the nation’s coal mines.”

Not only are those suffering from the disease eligible to receive benefits of the Act, it also provides benefits for the miner’s dependent survivors. Take note however, that unless the miner was granted benefits based off of a claim filed prior to 1982, a dependent survivor must show that black lung disease was a “substantially contributing cause of the miner’s death” in order to obtain benefits.

Details

Specific benefits that a miner may be eligible for under the Act include two types of medical services related to the disease. The first is diagnostic testing. This services allows for any miner who claims to suffer from black lung disease to be tested in order to determine the presence or absence of the disease. If the disease is present, this diagnostic test will also evaluate to what degree the miner is disabled because of the disease.

Diagnostic testing includes the following procedures: chest x-ray, breathing test, arterial blood gas study, and a physical examination.

The second type of medical services includes medical coverage for the treatment of the disease. Medical coverage will include, but is not limited to, the following: prescription costs, office visits, nursing visits, and medical examinations.

Filing a Claim

Any qualified individual may file a claim for benefits under the Act. Qualified individuals include present and former miners and their surviving dependents. Surviving dependents include spouses, children, adult disabled children, and fully dependent parents and siblings.

Once a claim has been filed, the District Director (DD) or other claims examiner will gather the miner’s completed employment history. Next, evidence relating to the nature and duration of the miner’s employment and other pertinent information will be collected in order to make a decision.

Generally, the miner will be allowed to choose a physician, from a list provided by the DD, who will complete a pulmonary evaluation. The cost of the procedure will be funded by the Black Lung Disability Trust Fund.

Once evidence has been gathered, a decision will be made. Once the decision becomes final, there are no future options for the miner except to file a request for modification. This must be filed within one year of the final decision. The request will be considered when there was a mistake in a determination of fact or when conditions have changed.

Legal Representation

Contact the attorneys at 702 DEFENSE for any workers’ compensation claims you may have.