How much are black lung benefits?

Benefit rates are set in accordance with Section 412(a)(1) of the Federal Coal Mine Health and Safety Act, which specifies that the rate for an individual Black Lung beneficiary is 37.5% of the base salary of a Federal employee at level GS-2, Step 1.

What is the average black lung settlement?

Federal black lung benefit rates are set at 37.5% of the base salary of certain entry-level federal employees. See 30 U.S.C. § 922(a)(1). These employees are on the second lowest paygrade for federal employees, or the GS-2 Step 1, and they earn just $21,974.00 per year or $10.53 per hour.

Who is entitled to black lung benefits?

The Black Lung Benefits Act provides monthly benefits to eligible surviving family members of coal miners whose deaths were due to black lung disease, or "pneumoconiosis." The Act also provides monthly benefits to survivors of miners who were entitled to benefits based on their own lifetime claims.

How hard is it to get black lung benefits?

Over the last decade, 52,537 miners have applied to the Labor Department for black lung benefits. The department determined that only 7,252, or about 14 percent, were eligible, according to its data. The industry then challenged 70 percent of those claims, often denying the presence of the disease.

Is black lung considered a disability?

The Federal Coal Mine Health and Safety Act of 1969 provided benefits to coal miners totally disabled by pneumoconiosis--commonly called "black lung" --and to dependents of miners who had died from the disease or were totally disabled from it at death.

Coal Dust Exposure

How much does Federal black lung pay per month?

The basic black lung benefit is now $153.10 a month for a miner or widow and may rise to $306.10 if there are three or more dependents.

How many stages of black lung are they?

There are two types of black lung disease: simple and complicated. Simple CWP means the lung has spots or scar tissue from the dust particles. Complicated CWP is called progressive massive fibrosis (PMF). People with PMF have a lot of scarring on their lungs.

Can you draw black lung benefits and still work?

Medical Examination

Under this examination, the Department of Labor will determine whether the applicant is disabled to work due to black lung disease. As such, even when you have already contracted such, if you are still able to seek employment, then your claim will be denied.

How do I file a black lung claim?

The first step in the process of applying for Black Lung benefits is to complete an application form. You will be asked to provide important basic information about yourself and your family. The form is called the "Miner's Claim for Benefits under the Black Lung Act" (Form CM-911).

How long does it take to develop black lung?

What causes black lung? Black lung is caused by breathing in coal dust over a long period of time (usually more than 10 years).

How do they test for black lung?

There is no specific test for black lung disease. If you are concerned about your symptoms, your doctor will first want to take a detailed medical history, asking about your job history in detail to determine the likelihood of exposure.

What should a patient with black lung benefits be presenting with when they arrive for services?

You should present your Black Lung card whenever you seek treatment for your lung condition. Showing a medical provider your card will identify you as a Federal Black Lung Program beneficiary, and will help the medical provider determine the proper way to bill for services. Federal Black Lung Program.

Is COPD the same as black lung?

The inhalation and accumulation of coal dust into the lungs increases the risk of developing chronic bronchitis and chronic obstructive pulmonary disease (COPD). Although black lung disease may share many of the symptoms of COPD, it is not COPD and is not treated like COPD.

Are black lung benefits taxable?

U.S. Department of Labor. "Federal Black Lung Benefits Are Not Taxable." Accessed Dec. 17, 2020.

What is Federal black lung Program?

About Black Lung Program

The Act provides compensation to coal miners who are totally disabled by pneumoconiosis arising out of coal mine employment, and to survivors of coal miners whose deaths are attributable to the disease.

When did black lung benefits start?

The Black Lung benefit program established by the Federal Coal Mine Health and Safety Act of 1969 provides monthly benefit payments to coal miners totally disabled as a result of pneumoconiosis, to the widows of coal miners who died as a result of pneumoconiosis, and to their dependents.

Does black lung cause nodules?

Simple: Simple black lung disease is most common, with the development of inflammatory nodules in the lung. Complex: Complex disease (PMF) is more severe. It can lead to severe disability and death.

How long can you live with black lung?

The mortality rate was 19.19%. The average life span was 12.1 (0.0–33.2) years. The average death age was 57.4 (33.0–83.0) years.

Does dust build up in your lungs?

Silicosis is a long-term lung disease caused by inhaling large amounts of crystalline silica dust, usually over many years. Silica is a substance naturally found in certain types of stone, rock, sand and clay. Working with these materials can create a very fine dust that can be easily inhaled.

Does Medicare cover black lung?

Federal Black Lung Benefits - Medicare does not pay for services covered under the Federal Black Lung Program. However, if a Medicare-eligible patient has an illness or injury not related to black lung, the patient may submit a claim to Medicare.

How do I apply for black lung benefits in KY?

How do I Apply for Black Lung Benefits? The U.S. Department of Labor has an office in Pikeville, Kentucky for assistance with Black Lung issues, including applications. You can call the Pikeville office toll-free 800-366-4599. You may also call or visit my District Office in Prestonsburg, Kentucky for help.

Does black lung cause emphysema?

The silica mineral and carbon in the dust raised by coal mining can cause serious chronic (long-lasting) lung disease. Emphysema occurs as the first pathologic sign of black lung disease. While not all emphysema is due to black lung disease, all black lung of clinical significance tends to cause emphysema.

What happens when you have black lungs?

Coal workers' pneumoconiosis (CWP), commonly known as "black lung disease," occurs when coal dust is inhaled. Over time, continued exposure to the coal dust causes scarring in the lungs, impairing your ability to breathe. Considered an occupational lung disease, it is most common among coal miners.

Does smoking cause black lung?

One of these toxins is called sticky tar. This sticky tar is black in colour and after years of smoking it builds up inside the lungs and causes them to become black too.