When you go to work you expect to work in safe conditions and to be able to come home to your family without any undue concerns, however, that is often not the case, especially if you work in the mining sector. Over the years it has become apparent that many coal miners are suffering from what has become known as ‘black lung disease’. The medical term for this illness is pneumoconiosis which is a respiratory disease caused by the inhalation of coal dust. Sufferers will have impaired lung function, difficulty breathing and will suffer from a chronic cough and chest pains that can leave them bedridden and unable to work. Life expectancy for these workers is also vastly shorter than the average for the population, and with so many workers suffering from this debilitating condition, finally, the federal government acknowledged the problem and a benefits program was established. In this article, we are going to take a look at what you need to do to be eligible for black lung benefits.
What is the benefits program?
In 1969 the federal government of the USA set up the Federal Coal Mine Health and Safety Act which provides monthly payments to coal miners that have become disabled through the course of their work by black lung disease. As with all federal acts, it is not always as simple as it seems because the definition for disabled means that to benefit from the act, workers’ illnesses must reach such a level of severity that not only are they unable to work as a coal miner, but they are also unable to work in any other role offered to them by the coal mining company.
Diagnosis
As with any scheme for compensation, there are going to be certain medical requirements in order to prove that you are eligible. In the case of black lung benefits, federal law provides an irrefutable assumption of total disability of pneumoconiosis if it is diagnosed by chest x-ray, biopsy or in the worst cases an autopsy. This means that the coal company has no legal recourse to refute a claim if any of the aforementioned points have been met. Whilst this may seem harsh, it is a necessary reality to prevent any fraudulent claims, so if you think that you have black lung disease then it is paramount that you have a chest x-ray or biopsy in order to be able to lodge a claim for compensation.
Are family members eligible?
The Obama government brought in the Affordable Care Act, often referred to as Obamacare, and this made it much easier for widows and dependents of coal miners that have passed away to receive compensation. If a coal miner was the main breadwinner for his family and he passed away young due to health issues derived from the workplace, then it is only fair that his compensation should be passed on to his family members in order for them to survive, and the Affordable Care Act addresses this point.
What are the benefits?
Black lung benefits are paid for by the Division of Coal Mine Workers’ Compensation which is part of the Department of Labour. As we mentioned before you have to meet the definition of being totally disabled in order to receive compensation and qualify for the available benefits. The main benefits available are medical and the program will cover expenses for medical and surgical costs as well as nursing care, rehabilitation and all drug-related costs.
How do I receive compensation payments?
Compensation payments are payable, but they are determined by federal employee salary scales, and this means that it is often difficult to get the compensation that you deserve. When it comes to family members trying to claim benefit payments after a coal miner passes away it can be even more complicated as the amount payable decreases depending on the number and age of the dependents. Often it is not possible to fight for what you are due without the help of professionals but these lawyers can help process your claim so that you and your family receive what you deserve. There is no point hesitating, after all, you spent years working and don’t deserve to be in the position you are in as a result of your job.
As we have learned, in order to be eligible for black lung benefits you need to be medically diagnosed as disabled due to your work and the best way to prove this is through an X-ray or a biopsy. Family members are also eligible and it is possible to receive compensation after a loved one passes away due to their illness. To maximise your claim, seek the services of an experienced lawyer, and then hopefully you will receive the compensation you deserve for the illness that was caused through no fault of your own.
