Does The Black Lung Benefits Act Apply To Me?

The Black Lung Benefits Act (or BLBA) applies to coal miners who are totally disabled by pneumoconiosis, a lung disease caused by the inhalation of dust. This disease is not uncommon among coal miners and is evidenced by health problems such as shortness of breath and difficulty breathing. The Federal Coal Mine Health and Safety Act of 1969 included BLBA to respond to the needs of miners and their families.

Understanding the Black Lung Benefits Act

The U.S. Department of Labor’s Office of Workers’ Compensation Programs administers the BLBA. The purpose of the BLBA is to provide monthly compensation for the miners, and it also compensates the survivors of miners who died as a result of the disease. In addition to these benefits, BLBA provides medical coverage to treat lung diseases caused by or related to pneumoconiosis, which is commonly referred to as “black lung disease.”

BLBA supports both those working as coal miners presently as well as retired coal miners, their surviving dependants, their children who have been orphaned, and their totally dependant parents and siblings.
Payment is based on the federal employee payment General Schedule (GS) 2, and the payment is a percent of the pay due to someone on step 1 of this pay grade
Rates are periodically adjusted according to the percentage increase of federal wages.
Benefits are generally reduced based the dollars paid by state workers’ compensation awards for pneumoconiosis, as well as in some instances by earnings exceeding a certain level.

The Act is funded by a tax levied against coal mine operators, who must pay $1.10 for each ton of underground-mined coal and $.55 for each ton of surface-mined coal. The money assessed under the tax is used to support the Trust Fund established for the BLBA, which underwrites the administration of BLBA. Coal mine operators include owners, lessees, operators, controllers and supervisors of either mines or preparation plants; they also include independent contractors at mines and plants and those involved in the transportation of coal.

Individuals who believe that they have pneumoconiosis will be required to undergo a complete pulmonary evaluation to determine if they are totally disabled by the disease. The test includes a physical examination, a chest X-ray, a pulmonary function test and an arterial blood gas test. A decision of eligibility for BLBA support will be made following a review of test results. Individuals may appeal if they are denied compensation.

Getting Help

Additional information about BLBA may be found on the Division of Coal Mine Workers' Compensation (DCMWC) Web site. For information about wages paid under the legislation, individuals should refer to the Department of Labor's Black Lung Home Page for a chart of benefit rates. You should also consider contacting an experienced attorney who can assist you in qualifying for your benefits and getting your compensation.

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