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Certain Conditions Automatically Make Miners Eligible for Black Lung Benefits

Coal Miner

Victims of black lung disease may have an easier time collecting benefits for their illness, thanks to changes to a federal law recently announced by the U.S. Department of Labor.

The 2010 Black Lung Benefits Act has been modified so that coal miners who have black lung disease – also called pneumoconiosis – can automatically apply for benefits if they worked in coal mines for at least 15 years and have a respiratory illness that renders them totally disabled. Before, the surviving family of a coal miner who died from black lung disease had to prove that the disease directly caused the death.

The other change automatically transfers the black lung benefits from the deceased miner to his or her survivors.

The changes to the rule are welcome in Kentucky, especially because cases of black lung disease are on the rise in the state after years of decline, according to a recent article in the Lexington Herald-Leader.

Black lung disease is caused by inhaling coal dust. The dust can cause serious breathing problems, scarring in the lungs and premature death. There is currently no cure.

The National Institute of Occupational Safety and Health, which has tracked the prevalence of black lung disease for decades, found that cases declined after Congress passed a mine safety act in 1969. But cases have rebounded in recent years, including among young coal miners.

Eastern Kentucky has one of the worst records for black lung disease, according to the Lexington newspaper. Nine percent of the coal miners screened in a NIOSH study between 2005 and 2009 had black lung disease – a higher prevalence than in any other state.

Experts suggest the reasons for the increase in black lung cases may be due to several things, including:

  • Longer work shifts;
  • Increased mining of thinner coal seams in central Appalachia;
  • Poor dust-control rules;
  • Failure of mining companies to comply with regulations set forth to protect workers;
  • Fraudulent dust-sampling by coal operators;
  • Poor ventilation in violation of existing regulations;
  • Failure to take measures to keep dust down to acceptable levels.

If you work or have worked in a coal mine, you may experience symptoms of black lung disease, which include shortness of breath and coughing. In addition to the symptoms of the disease itself, black lung can also cause chronic bronchitis, respiratory failure and other lung disorders. It is important to be evaluated by a physician as soon as you begin to show signs of illness, because the condition can be more disabling the longer it goes untreated.

If you suspect that you may have contracted black lung disease, you may be entitled to workers’ compensation and other benefits from your employers and their insurers. Our Lexington, Ky. lawyers strongly urge you to pursue screenings despite any reservations you may have about a black lung diagnosis.