Black Lung Benefits Act

The Black Lung Benefits Act (“BLBA”) is a federal compensation program authorized by Title IV of the Federal Coal Mine Health and Safety Act of 1969.  BLBA is administered by the Division of Coal Mine Workers’ Compensation in the Office of Workers’ Compensation Programs, which is a part of the U.S. Department of Labor.  The BLBA specifically provides financial compensation and medical benefits to coal mine workers who have become disabled as a result of their job conditions, which has resulted in a diagnosis of pneumoconiosis, which is commonly referred to as black lung disease.  Additionally, the BLBA authorizes the payment of survivors’ benefits to the immediate family members of a coal mine employee whose death was caused by exposure to coal dust, which, in turn, resulted in black lung disease. 

BLBA Claims

In 2004, over 102,000 beneficiaries received benefits from the BLBA, as did 18,000 dependents of those beneficiaries, for a total payout of financial benefits in excess of $672 million, as well as over $54 million in diagnosing and treating mine workers for black lung disease.  The Division also processed over 336,000 medical treatment bills for the beneficiaries of the BLBA in 2004.

Workers Comp for BLBA

Monthly compensation benefits under the BLBA are reduced by state workers’ compensation awards based on the same disability, and, in some case, by other earnings.  Once an employee is deemed eligible for BLBA benefits, the coal mine operator must begin paying benefits to the employee within 30 days.  If an employee, surviving relative of the employee, or the employer disagree with the disposition of the claim for benefits by the Division of Coal Mine Workers’ Compensation, the decision can be appealed to an administrative law judge, and further to the U.S. Court of Appeals and U.S. Supreme Court.  If you disagree with a decision in this regard, you would be wise to consult an attorney for your rights and responsibilities concerning an appeal of the decision.