Workplace injuries are not limited to a particular type of working environment. You could be injured even in the safest workplace. What is important is that you understand how workers’ compensation benefits work and how you can receive compensation for your damages. The coal mining sector is popular with black lung disease due to the dangerous debris and dust that workers inhale as they do their day-to-day tasks. If you or your loved one has been affected, it helps to know about the black lung benefits program and how you could pursue benefits for your medical and other injury-related costs.

A competent workers’ compensation lawyer might support you through the application process and advise you on the benefits you should include for your injury. For information and help regarding this program in Los Angeles, contact The Workers Compensation Lawyer Law Firm. Our skills and experience in handling workplace-related injuries might help you obtain the compensation you deserve.

What is Black Lung?

Black lung illness is commonly referred to as pneumoconiosis. It is a  lung condition that occurs when you inhale a particular type of dust. The dust or debris is deposited in your lungs, resulting in significant damage to your lungs and the entire breathing system. Black lung is an occupational disease. It means that it only occurs to individuals working in specific conditions. It is common with coal miners, hence the name coal workers pneumoconiosis or CWP. It could affect other workers dealing with coal, and not necessarily coal mining. Handling coal puts you at risk of contracting CWP eventually.

CWP is mainly reported by workers who work in underground coal mines. It could also occur on any person that inhales coal dust. When inhaled, coal dust deposits in the lungs, resulting in the inflammation of lungs and scarring of lung tissues. The symptoms of an inflamed lung or scarred lung tissues might not appear until after prolonged exposure to coal dust. Therefore, black lung condition is not an injury reported immediately but long after the damage has occurred. Thus, you may start experiencing symptoms even after retirement or changing jobs.

Black lung illness is preventable. Workers exposed to coal dust must wear protective gear like quality face masks to protect themselves from inhaling the dangerous dust. They also must be well-educated on the kind of environment they work in and how they can work safely. Even with all the safety measures in place, thousands of coal miners are affected every year. It is essential for everyone working directly or indirectly with coal to know about the black lung program and how it can benefit them in the event of an injury.

Symptoms for black lung disease will vary from one person to the other, based on the amount of coal dust you have inhaled and the extent to which the dust has settled in your lungs. When the dangerous dust settles on your lungs, its tissues might try to eliminate the dust or enclose the affected part to avoid further damage. Consequently, inflammation occurs as the lung tissues fight off the dust particles. Inflammations seriously scar the lung tissues. Severe inflammation will result in fibrosis. When that happens, it becomes increasingly difficult to breathe.

You might experience more breathing difficulties and other symptoms like chest pains if more coal dust is deposited in your lungs. Some people do not realize the damage until they start experiencing shortness of breath and dry coughs. The severest form of CWP could result in death if your respiratory functioning is affected and significantly reduced.

Sadly, CWP is incurable. Its effects might intensify with time and can significantly impact your health if left untreated.

But it is preventable if proper protective measures are put in the working environment. The disease is also manageable with the correct diagnosis and treatment. You could live a normal life even after contracting it.

The Black Lung Benefits Program

Workplace injuries are common in California and the United States in general. The workers’ compensation program ensures that injured workers receive the compensation they deserve to cater to the costs necessitated by the workplace injury. Black lung condition is an example of a work-related injury common with coal miners and people working directly with coal. The black lung program is within the general umbrella of the workers' compensation scheme but only deals with injuries related to a black lung illness. It helps to know how this program works if you or your loved one has been affected. An experienced workers' compensation attorney might help you through the legal process until you obtain the compensation you deserve.

The black lung program is a result of the Coal Miners’ Safety Act of 1969. The program was established to help coal miners that suffered disabilities as a result of black lung disease and the dependents of those that succumbed to pneumoconiosis. The program is still helping thousands of workers that have been affected by black lung disease after working as coal miners. The program operates under the United States Department of Labor and the Workers’ Compensation Division of Coal Mine. It’s a workers’ compensation scheme that only takes claims from those afflicted by the black lung disease.

There are mainly two ways through which you can benefit from the black lung program:

  • As a worker that has suffered disability due to pneumoconiosis
  • As a surviving dependent of a worker who lost his/her life to pneumoconiosis

The program aims to provide monetary compensation in the form of monthly payments, which a beneficiary can use to cater to his/her medical expenses, and other needs that result from the disease. Treatment of black lung and related ailments is costly. Injured workers may not have the financial ability to pay for their treatment and management until they successfully manage the condition. Additionally, the worker might need physical and emotional support during the recovery period. The program caters to the costs of all those needs and others directly related to the injury.

The scheme also offers monthly benefits to close dependents of a worker that lost his/her life to black lung. However, they need proof that the condition was the primary cause of the worker’s death. The dependants can use the money to cater to their needs until they seek an alternative.

Even though the condition is incurable, this program will provide you with sufficient benefits that will enable you to seek treatments and interventions that will reduce its effects on your body. Treatment for black lung disease includes medications to reduce the symptoms and medical tests to determine your disability level. That will help determine other benefits you could receive under the black lung program.

Additionally, the program might provide medical coverage and benefits to cater to specific treatments. If the tests show that you require continuous treatment for a particular period, you are entitled to monthly payments for that purpose and for that period. Like other workers’ compensation programs, the black lung scheme offers medical cover for doctor visits, prescription drugs, hospitalizations, and costs for the healthcare provider, based on your needs. It is essential to know what you truly deserve to include it all in your compensation claim.

Benefits and Payments Under This Scheme

You have to determine your suitability for black lung benefits to receive payments under this scheme. The main factors of consideration are:

  • You must be a coal mine worker that suffered from an illness caused by pneumoconiosis/black lung disease, or
  • A widow, child, or any other dependent of a coal mine worker who dies as a result of work-related illness caused by the disease

Benefits under this scheme are paid out in several ways. If you worked in a coal mine for less than a year, your last employer would be accountable for all the damages you have incurred due to the black lung ailment.

If you worked for more than one year but meet the following criteria, a specific trust fund specially maintained for all coal miners will pay all your benefits:

  • Your last job as a coal miner was before 1970
  • You don’t have a responsible employer
  • Your last employer, with whom you worked for at least one year, was approved to self-insure, thereby incapable of paying your damages.

The program covers former and present coal miners and other employees who might have inhaled the dangerous coal dust. Injured workers and their dependents can apply for medical benefits and monthly payments to compensate for their damages. The program offers benefits for diagnostic exams to ascertain the presence of the disease and its spread in your lungs. Medical benefits under the program cater to outpatient treatments and therapy, hospitalization, and permanent medical equipment. Here is a listing of services you will likely benefit from under the black lung scheme:

  • Hospital visits, office calls to the doctor, and consultations
  • Outpatient and inpatient hospital charges and emergency room services for severe symptoms related to pneumoconiosis, chest x-rays, and diagnostic lab testing
  • Approved prescription medicines by the black lung compensation program, including generic and brand name drugs
  • Ambulance services, but only for emergency hospital visits in case of acute back lung-related treatment
  • Travel costs to the hospital, doctor, and any other healthcare facility for trips of a maximum of 200 miles.

All workers’ compensation programs require the employer to carry insurance for the employees. All employers in California are mandated by law to pay for a workers’ compensation coverage to insure their workers against damages resulting from workplace injuries. Employers might face criminal charges if they do not follow this mandate and could face severe criminal penalties, including time in jail/prison and hefty fines.

If you suspect that dangerous coal dust may have afflicted you, it is advisable to seek medical advice first to determine whether you might have black lung disease. If you’ve been a coal miner, it might be time to speak to your former/current employer regarding your illness. A workers’ compensation lawyer will guide you on what to do to receive the compensation you deserve.

Costs Not Included On the Program

Unfortunately, not all costs revolving around black lung disease are covered under the black lung compensation program. It’s crucial to know some of your damages that may not be covered under the program to be well-prepared when preparing and filing your claim. Here is a list of costs you must not include in your benefits claim:

Treatment Costs For Medical Issues That Are Not Related To Pneumoconiosis

You can only include medical costs that have come as a result of the black lung disease. Therefore, costs for your other medical issues like diabetes and arthritis will not be covered under the program. A detailed medical report will be necessary, detailing how coal dust caused your black lung disease and the symptoms you are experiencing.

Medical Treatments For Your Close Family

The black lung program and other programs within the workers’ compensation scheme only cover workers and not their immediate families. The only time the program will send payments to your family is if you die due to a work-related injury. In that case, the claimant must provide sufficient proof that they entirely depended on you. The benefits in case of your demise must be specific to the actual losses they have experienced after your death.

Medical procedures unrelated to black lung illness

Even if you are unwell at the time of the claim, you mustn’t include the costs of your other ailments in your black lung claim. Thus, medical procedures like eye and dental care or x-rays for other medical issues other than lung and chest x-rays should not be in your claim.

Costs for Nursing Care

The black lung compensation program will not cater to the costs of your home care unless your disability as a result of the black lung disease requires you to have a caregiver. Your workers’ compensation lawyer will advise you on the costs to include and not include, depending on the extent of your injuries. Therefore, if you prefer to have a nurse or non-skilled nurse care, or even a home health aide for your comfort, you might have to pay for the services from your pocket.

Non-Prescribed Medications

If you need additional medication other than what your doctor has prescribed for the condition, you cannot include their costs in your claim. The program only covers specific prescription medicines approved by the federal government for this program.

Additionally, you will not be required to include medications for other illnesses unrelated to the black lung disease, even though they are prescribed.

Personalized Services In The Healthcare Facility

If you wish to enjoy some comfort while at the hospital, you might have to pay for it out of your pocket. The program does not cater to your personal services, including entertainment and telephone services.

Other costs not to include in the program:

  • Purchase or rental of an IPPB machine for your home use
  • Travel costs to and from the drug store
  • Residence costs for skilled nursing facilities or nursing home
  • Any other home-use medical equipment that hasn't been authorized for inclusion in the scheme

An experienced workers’ compensation lawyer will guide you through the application process to include only the costs approved by the federal program. It will improve your chances of a successful application.

How To File a Benefits Claim Under The Program

The process begins with a diagnosis for pneumoconiosis. If you’ve worked or are working in a coal mine, it automatically means that you could be eligible for benefits under this scheme. However, you must follow the proper application procedure and stay within set deadlines. Take time to understand how the program works and the workers’ compensation scheme to be prepared for what is ahead. A smooth process will increase your chances of filing a successful claim.

The first process should be determining your eligibility for black lung compensation. Ensure you meet the required criteria before starting the application process. It means that you must be the affected worker or a dependent of an affected worker who lost their lives to the condition.

Begin the process by completing the required documents, mainly the Miner’s Claim for Benefits or Form CM-911. The form requires your basic information, including your name, date of birth, area of residence, and National Security Number. You will also be required to provide your employment history in another document, CM-911a. The second document will contain information regarding your work in coal mines. The information will prove your eligibility for benefits under the black lung compensation program. Ensure that the information you provide in these documents is accurate. Any false or misleading information might disqualify you from the compensation you deserve.

Additionally, you might be asked for legal documents, like death and marriage certificates for beneficiaries and a birth certificate. Legal documents will be used to verify the truth of the information you have provided in the said documents. Dependent applicants will undergo scrutiny to confirm that they were indeed the dependents of the deceased worker. That ensures that only actual beneficiaries are receiving payments under the program.

After filing the necessary documents, you will be required to undergo a medical evaluation to determine your health situation. A detailed pulmonary assessment will decide whether or not you have black lung disease and the extent of your disability. The evaluation is usually free and will include a thorough physical exam by a qualified physician, chest x-rays, pulmonary function tests, and arterial blood gas tests to determine your ability/inability to breathe. The test results will determine your suitability for black lung compensation and the amount you will receive in monthly payments.

After the exam, you will wait for the results of your application. It could be an approval or denial. If your application is approved, you will receive details regarding compensation benefits under this scheme. If your application is denied, you will receive an explanation of why your application did not go through. You are free to file a compensation claim again if you suspect that your application was unfairly denied. You could also contact the Division of Coal Mine Worker’s Compensation to dispute the results of your application.

No guarantee disputing the results of your application will work. That is why you may want to consider hiring a competent workers’ compensation lawyer to handle the matter for you. Experienced attorneys know how these processes work and what you could do to file a successful claim. Let your attorney dispute the denied application on your behalf. He/she will know how to argue your case to help you obtain the compensation you deserve.

It helps to work with an attorney from the beginning of the process to avoid uncertainties like these. A competent workers’ compensation lawyer will know the kind of evidence you need for a case like this to succeed. He/she will plan a solid case that will likely succeed with the first application. Your attorney will gather the necessary medical records to prove that you were indeed affected by coal dust and require medical treatment and management to protect your health from deteriorating.

Your attorney will also ensure you include all the benefits you truly deserve in your claim. Alone, you may overlook certain damages that might leave you under-compensated after a workplace injury. But your attorney will ensure you include all your damages. He/she will also direct you to other possible benefits you could receive after your workplace injury.

Find an Experienced Workers’ Compensation Lawyer Near Me

Are you a current or former coal miner and have started experiencing the symptoms of black lung disease?

You might want to know about the black lung program and how it can benefit you. Black lung is a severe and incurable condition. But with proper diagnosis and treatment, you may live a quality life, free of devastating symptoms like congested chest, chest pains, and difficulties in breathing. However, you need the assistance of a competent workers’ compensation lawyer to file a successful claim. At The Workers Compensation Lawyer Law Firm, our team is ready to study the details of your case and swing into action. Call us at 424-501-9228 for support and help with your claim in Los Angeles.