Can I Get Workers’ Compensation For Black Lung Disease?

Coal workers’ pneumoconiosis, more commonly called black lung, is a lung condition caused by inhaling coal dust. When someone works with coal, specifically in the mines, and they inhale coal dust over long time periods they are much more likely to suffer from the disease.

Black lung disease is a job-related condition because that is the only way someone will have enough exposure to be diagnosed with the disorder. Workers’ compensation covers work-related injuries and illnesses.

Workers’ Compensation offers medical benefits and covers a portion of the worker’s lost wages while he or she is recovering. Because black lung is a common condition suffered by miners, the Division of Coal Mine Workers’ Compensation (DCMWC) oversees the Federal Black Lung Program, which administers the Black Lung Benefits Act that provides monthly monetary benefits to coal miners who have become totally disabled because of black lung disease from their job.

Filing a Workers’ Compensation Claim For Black Lung Disease

If you were a coal miner in the past, or a coal miner now who has black lung disease, you will need to pursue a claim for workers’ compensation benefits. There are time limits for pursuing a claim after your condition was diagnosed or after when you should have realized you suffered from a lung disorder.

Your state’s workers’ compensation laws will come into play, so you will initially pursue a claim through your state workers’ compensation. This might be by filing the claim with your employer or the state oversight board depending on which state in which you live and work.

Workers’ Compensation Benefits

When you file a claim for workers’ compensation, medical benefits are supposed to go into effect right away. State laws stipulate how long you must be unable to work before the compensation for lost wages kicks in.

Usually, workers’ compensation pays workers about two-thirds their lost pay while they are recovering from a work-related illness. Black lung, however, is not curable. Eventually, the individual will succumb to the condition. As the illness progresses, it can advance to diseases like Progressive Massive Fibrosis.

DCMWC pays monthly benefits to the dependents of coal miners who die from the disease. But, because workers’ compensation claims for coal miners suffering from black lung or comparable lung diseases are challenging, you should be represented throughout the claims process by a workers’ compensation attorney who understands black lung claims.

Can I Get Workers’ Compensation For Black Lung Disease?

Consult With a Workers’ Compensation Lawyer

If you have been diagnosed with black lung or a lung disease caused by working as a coal miner, you should consult with a workers’ compensation attorney who is familiar with coal miner workplace injuries and diseases. Such claims are challenging, and you need to make sure that you and your family have access to the benefits that you need. To get your case reviewed by an attorney who handles black lung workers’ compensation claims in your area, complete the Free Case Evaluation Form today!

Additional Resources