Understanding The Black Lung Benefits Act

The Office of Workers’ Compensation Programs (OWCP) administers an act known as the Black Lung Benefits Act (BLBA). This act intends to provide monthly benefits to the coal miners disabled because of pneumoconiosis. Pneumoconiosis is called as black lung disease and it is caused due to the prolonged inhalation of coal mine dust. One out of every 20 coal miners in the US is found to have this disease, and it has been estimated that 1,500 former coal miners die of this disease every year in the US. Hence, to support such coal miners and their survivors, the Black Lung Benefits Act has many provisions.

Who are Eligible?

Under this act, the former and current coal miners and employees of coal transportation and coal mine construction workers who have chances of exposure of coal mine dust are eligible to receive the benefits. Surviving dependents like spouses, children or entirely dependent brothers, sisters or parents can also claim this benefit.

Who Pays?

Coal mine owner, lessee or the operator of coal mines, contractor of coal mine construction and entities responsible for coal transportation has to pay this benefit to the affected coal mine workers or their families.

What are the Benefits?

A percentage of the monthly salary of the coal mine worker is issued as a monthly benefit amount. However, this benefit amount can be reduced if the affected coal mine worker or surviving family members have excess earnings or are receiving other state workers’ compensation awards.
Expenses for hospital, nursing care, drugs, rehabilitation treatments and equipment charges are paid to the workers who are totally disabled by the pneumoconiosis.
When the coal mine operator responsible for the black lung disease in the coal mine worker, then the worker is compensated from the funds in the Black Lung Benefits Trust.
If a claim was filed after January1, 2005 and it is pending on or after March 23, 2010, then as per the amendments made to the BLBA on March 23, 2010, a widow becomes entitled for the benefits that had been provided at the time of miner’s death.
As per the new amendment, for claims that are filed after January 1, 2005 and pending on or after March 23, 2010, BLBA has to be applied to the coal mine worker even if the X-ray result is negative, provided if he/she has worked in the mine for at least 15 years.

When will the Benefits Reach You?

Benefits will reach you within 30 days of determination of coal mine operators’ liability. Talk to an attorney if you think you might be eligible for such benefits. You will want legal representation to build and make your case.

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