Who is Eligible for “Black Lung” Benefits

Pneumoconiosis, also known as Black Lung disease, is a respiratory illness that results from the inhalation of coal dust over many years. Symptoms of Black Lung are characterized by impaired lung function, difficulties breathing or shortness of breath, fatigue, a chronic cough or cold or ongoing chest pains.

The Black Lung benefit program established by the Federal Coal Mine Health and Safety Act of 1969 provides monthly benefit payments to coal miners who have become totally disabled as a result of Black Lung disease.  The Affordable Care Act (aka “Obamacare”) made it easier for the widows and dependents of deceased coal miners to receive benefits as a result of pneumoconiosis.

Pursuant to federal law, Black Lung Disease becomes a “total disability” once it reaches a level of severity where the miner is not only unable to do his previous coal mining work, but also cannot (with consideration of education, work experience and other various work available) meet the physical demands of other coal mine work. Federal law also provides for an irrebuttable presumption of total disability due to pneumoconiosis when “complicated pneumoconiosis” is diagnosed by chest x-rays, biopsy, or autopsy.

The Black Lung program offers payments and medical treatment for coal miners totally disabled from pneumoconiosis. Medical payments are limited to the treatment of conditions directly related to Black Lung disease and only totally disabled former miners can qualify for these types of benefits. Medical expenses covered range from certain medical, surgical, hospital, nursing care, rehabilitation services and other drug and equipment expenses.  The Division of Coal Mine Workers’ Compensation within the Department of Labor is responsible for distribution of Black Lung benefit payments.

Black Lung benefit payments are determined by reference to the federal employee salary scales, and increase automatically when federal salaries are increased. The rate payable to a minor child or widow may be increased depending on the number of qualified dependents, generally 50 percent of the basic rate if one dependent qualifies. Additionally 75 percent for two dependents and 100 percent for three or more dependents. Black Lung monthly benefits rates for 2011-2012 may be found here.

For more information on Black Lung benefits please visit the United Mine Workers of America.