Black lung disease occurs when a person inhales coal dust and debris. It is a work-related disease, neither genetic nor contagious. It mainly affects people who work or have worked in coal mines. Black lung is also called coal workers' pneumoconiosis or CWP. Fortunately, it does not affect everyone that works or has worked in the coal industry. Only about 16% of coal miners in the United States have been affected so far.

The Workers Compensation Lawyer Law Firm helps current and former workers with work-related injuries in Los Angeles. We could help you recover compensation if you suffer from black lung due to the nature of your current or previous work. We fight alongside our clients through all legal processes and protect their rights.

What is Black Lung

Black lung develops when a person inhales coal dust over a prolonged period. Coal dust contains dangerous carbon-containing debris and particles that could affect coal miners' health if inhaled. That is why black lung is mainly categorized as a work-related disease. Coal miners are also exposed to silica-containing debris and dust since coal mining involves drilling into rocks containing silica. That is why the industry has laid down some safety measures that employers and coal miners must implement to improve their safety and protect their wellbeing. For instance, coal miners must always wear protective gear at work, including face masks.

Fortunately, not everyone that works in the coal industry develops black lung. Some people are more susceptible than others. The numbers of those affected have increased over the years due to changes in the mining technology, whereby more coal is mined over a short period. Changes in the mineral content of coal could also be the reason since some coal contains more hazardous mineral content. But compensation is available for affected coal miners through the workers’ compensation program.

When a miner inhales coal dust, the particles in that dust travel through their airwaves and into the person's air sacs or alveoli. The air sacs are deep into the person's lungs. Once the dust lands on your air sacs, it settles there. Your lungs and lung tissues will try hard to remove the dust particles, resulting in inflammation as your body tries to fight the foreign particles. Some cases result in severe inflammation, whereby your lung tissues become scarred. The damage the inhaled coal dust causes your internal organs is not physically visible until several years after prolonged exposure to the dangerous particles. That is when you could experience some symptoms.

CWP refers to the scarring experienced in the lung tissues as your body fights the foreign coal dust particles from your air sacs. The scarring could be simple or complex, depending on how much you are exposed to the dangerous coal dust and how well your body has fought the foreign particles. A simple X-ray or CT scan on your chest could show traces of scarred tissues, indicating simple pneumoconiosis. Complex pneumoconiosis or progressive massive fibrosis will reveal a more severe scar over a large area of your lung tissue. Whether simple or complex, pneumoconiosis will significantly affect your breathing and general wellbeing.

Symptoms of Black Lung

Black lung is a work-related disease that does not showcase immediately after you inhale dangerous coal dust. It could take several months or even years to experience the first symptom. Thus, it would be best to have a proper diagnosis to rule out other diseases and develop an effective treatment plan.

In the early stages of the disease, you could experience common symptoms like:

  • Coughing
  • Tightness in the chest
  • Shortness of breath

In some cases, the coughing could bring forth black sputum.

You could experience some of these symptoms after engaging in strenuous activities. But as it progresses, black lung could present these and other symptoms even when you are at rest. If the tissue scarring in your lungs is severe, it could prevent oxygen from quickly reaching the blood. That will reduce oxygen levels in other parts of your body, causing stress on your vital organs like the brain and heart. That will result in additional and more dangerous symptoms like loss of consciousness and heart failure.

The Diagnosis

We do not have a specific test that you can take for black lung diagnosis. But if you are showcasing some or most of the symptoms mentioned above and are concerned, you can talk to your doctor about your worries.

First, your doctor will want to note your medical history and other details that could help them make a proper diagnosis, including your work history. If you are already aware of black lung and have worked in the coal industry, you could mention it to your doctor to point them in the right direction. Your doctor will take down details about your job to determine your potential exposure to dangerous coal dust. It helps to have a record of the following details in advance:

  • When your symptoms started
  • The symptoms you experienced at the beginning.
  • Treatments you have undertaken before for those symptoms and how effective they have been
  • The kind of employment you have undertaken throughout your career life, the amount of time you spent on each job, and the nature of tasks you undertook in each job
  • The products you have been in contact with during your working life, and whether you wore any protective garments
  • Your smoking history
  • All the medical records, including CT scans and chest X-rays you have taken in the past

Your doctor could also perform a physical examination on you and some breathing tests to determine your lung's ability to take air in and out. Your doctor can also recommend imaging tests like CT scans and X-rays to examine the inside of your lung tissues and the inflamed areas.

The Federal Mine Safety and Health Act recommends that all coal miners be issued surveillance programs and breathing and imaging tests periodically or yearly to detect problems like these and find solutions before they affect their overall wellbeing.

Treatment and Management of Black Lung

We do not have definitive treatment for black lung. No medicine can cure or reverse the harm to your lungs caused by the dangerous coal dust. However, treatment is available that could slow down the disease's progression, relieve your symptoms and enhance the quality of your life.

Once the doctors determine that you could have been exposed to the dangerous coal dust, they can devise the right treatment plan for you, according to the symptoms you experience and their severity. Sometimes medicine alone is enough to counter the effect of the dangerous coal in your body, but other times medicine could be coupled with breathing instruments. Breathing instruments will help clear your airwaves, and medication can reduce inflammation.

Some black lung patients require pulmonary rehabilitation, which is an exercise program aimed at helping patients suffering from chronic lung problems remain active. That will help improve the quality of their lives.

If you stay longer after exposure to coal dust without proper treatment, the scarring in your lungs becomes severe. In this case, you could require supplemental oxygen to ensure that your lungs receive enough oxygen. Some patients require supplemental oxygen only when exercising, but as the condition progresses, you could need it all the time. Only rare cases of black lung require a lung transplant.

It is advisable to avoid further exposure to dangerous coal dust after diagnosis and other irritants, including cigarette smoking. If you smoke, you are strongly recommended to quit as the habit could aggravate your condition.

Once diagnosed with black lung, you can start receiving proper treatment to manage the condition and symptoms and enhance your overall well-being.

You will be required to make regular visits to the hospital for a medical practitioner to check how well, or otherwise, your body is responding to the treatment. You will also require regular tests, like lung function tests, x-rays, and Ct-scans, to monitor the disease closely. Your doctor will, from time to time, check out for lung cancer.

As your doctor works hard to manage the symptoms, you could also take one or more steps to boost your health and wellbeing:

  • Take measures to maintain a healthy weight.
  • Always consume a balanced diet.
  • Remain active by working out regularly — But be careful about overexerting yourself.
  • Take care of yourself to avoid respiratory infections as they could worsen the condition of your lungs — You could consider receiving a flu vaccine every year, or your doctor can recommend pneumococcal pneumonia.
  • Be proactive in monitoring your health condition, and always watch out for any new symptoms or infections — Visit your doctor if you notice any changes in your wellbeing.
  • Develop a plan with your doctor on how you can manage flare-ups of the black lung disease once they come

How To Prevent Black Lung Disease

Though it is a work-related disease, black lung disease is preventable. The Occupational Safety & Health Administration has designed safety standards to help coal industry workers avoid black lung disease. In the provided guidelines, coal miners must do the following while at work:

  • Wear protecting garments, including a protective face mask.
  • Safely remove all dust from their skin and clothes after work
  • Wash their hands and face before drinking, eating, or taking medication.
  • No smoking
  • Get regular scans and X-rays to determine the condition of their chest, lungs, and related issues

Additionally, coal mines should limit how much coal is exposed in the air. Mines should follow strict guidelines to help control the amount of dust. Coal mine workers should hold their employers accountable for ensuring all these safety regulations are followed.

Additionally, individuals can stay up to date with all necessary vaccines to keep their lungs healthy. Since flu is the primary cause of pneumonia, ensuring you receive your flu vaccines yearly is an excellent idea.

What To Do If You Have A Work-Related Black Lung Disease

If you work or previously worked in the coal industry and have been diagnosed with black lung, you could have a work-related injury. You are most likely entitled to workers' compensation benefits under the Black Lung Disease Benefits Programs. The Workers Compensation Law in California details the steps you can take after a work-related injury. If you file a successful claim, you should be able to receive enough money to cover your medical costs, lost wages, lost earning capacity, and permanent disability (if you have incurred any).

However, it can be confusing for an injured worker to know what to do to start the process, especially if you're already feeling unwell and are worried about your recovery. Here are important steps to guide you in the process:

Report the Injury to Your Employer

You should report a work-related injury to your employer immediately after it occurs. But since black lung disease takes time before you can experience the first symptoms, you should notify your employer right after the first signs or diagnosis. Let your employer know when you started noticing the first signs of the disease, the diagnosis, and the treatment you are receiving. Failing to do this could result in a denied claim for black lung benefits. Your employer, in this case, means the person you work for in the coal industry. If you have already left the coal job and are working elsewhere, let your previous employer know about the injury you incurred while working for them.

Fill A Work-Related Injury Report

Your employer is required to give you a work-related injury report, which you must fill and give back to start the compensation claim process. California employers must keep work-related injury reports available for employees who could suffer a work-related injury. Ask your employer or former employer(whichever applies to your situation) for the report. Make sure you fill out this form even if your employer dismisses it as not necessary. Keep a copy of the report for your records.

Seek Treatment

Begin your treatment journey right after the diagnosis. Do not wait for the Workers' Compensation Scheme payment, as it could take several months and sometimes years for your claim to be approved. Finding alternative means to pay for your medical costs and other needs is necessary. Seeking medical help immediately after discovering a work-related injury is enough proof that you indeed suffered a serious injury. Additionally, you want to recover quickly to return to work since workers' compensation benefits are insufficient for your long-term financial needs.

Make sure you keep all medical records from the start of your treatment to the end. That will come in handy when you must support your claim with evidence.

File a Compensation Claim

It is important to begin the claim right after discovering a work-related injury. File your claim through the California Division of Workers' Compensation. If you wait to file later, you could run out of the time allowed for claims like these, usually two years.

In the claim, provide details about black lung, how long you have worked in the coal industry, your medical treatment, and the compensation you deserve. For instance, your claim could include your current and future medical needs and lost wages for the period you need to be out of work recovering from the disease.

Hire a Workers' Compensation Attorney

It is necessary to seek legal advice and support when going through processes like these. Legal processes in California are generally complex. You would need a legal expert to know what to do and how to do it to improve your chances of success. For instance, an attorney will know what you must do immediately after your diagnosis to start the legal process. Your attorney can also handle some of these matters on your behalf, including filling in the injury report and filing the claim with the workers' compensation scheme. That would reduce your stress and allow time to concentrate on your recovery.

The Black Lung Disease Benefits Program

It is a benefits program under the workers' compensation that only handles work-related injuries related to black lung. If you have been diagnosed with black lung and suspect that you could have acquired the disease while working in the coal industry, you could be eligible for compensation under this program. Your attorney will help you in this process to ensure that you receive your deserving compensation. The black lung compensation program aims to help coal mining workers that suffer disabilities due to black lung conditions and dependents of coal miners that succumb to the disease.

There are two main ways through which one can benefit from this program:

  • As a current or former worker in the coal industry that suffered from the black lung disease
  • As the immediate surviving family of a coal worker that lost their lives to the black lung disease

Through the program, you should receive economic compensation in monthly payments for your medical and personal needs necessitated by the disease.

Remember that treatment for black lung disease is generally costly. Very few workers and families will have the financial ability to cater to the treatment and management of the disease. Thus, there is a need for workers like those to receive compensation for their work-related injuries. Additionally, injured workers require emotional and physical support during their recovery time. The program offers compensation for all costs involved, and other expenses directly related to your injury.

Black lung disease is incurable. But the program provides sufficient benefits to allow you to find proper medical care to reduce the disease's effect on your body. The kind of treatment you could receive includes medicines to reduce the severe symptoms of the condition and necessary medical tests to check the condition of your lungs and other internal organs.

Payments and Benefits Included in the Black Lung Benefits Program

Payments under the black lung benefits program are issued in different ways. For instance, if you worked in the coal industry for one year or less, your previous employer will be responsible for your work-related injury. Your former employer must compensate you for all damages you suffered due to black lung.

But, if you worked in the coal industry for more than a year and met these conditions, a trust fund specifically maintained for coal miners can pay your benefits:

  • You worked in the coal industry before 1970
  • You do not have an employer to hold responsible for your injury.
  • The employer you last worked for in the industry was self-insured and incapable of compensating you for your damages.

The trust fund will cover all your medical costs and monthly compensation to help you cater to your personal needs before you can return to gainful employment. Here are some of the services you can receive through this scheme:

  • Visits to and from the hospital
  • Doctor consultation fees
  • Calls to the doctors and caregivers
  • Inpatient and outpatient hospital charges
  • Emergency room service
  • Diagnostic lab tests
  • Chest scans and X-rays
  • Prescription medicines approved by the program, including brand name and generic medicines
  • Ambulance services for emergency visits to the hospital
  • Travel expenses to the doctor, hospital, and other healthcare facilities

Remember that the workers' compensation scheme requires employers to carry insurance coverage for all employees to cover work-related injuries. Employers could face criminal charges in California if they fail to pay for insurance coverage for their employees, resulting in imprisonment and payment of hefty fines. Your employer should do everything possible to ensure you receive compensation after a work-related injury.

Find a Reliable Workers Compensation Attorney Near Me

If you are a current or former coal miner with black lung disease, you could be eligible for compensation under the California workers' compensation program. Talk to an experienced attorney for support and to walk you through the legal process until you receive compensation for all your damages. Before returning to work, you should receive money to cater to your medical and personal needs. We handle cases related to black lung disease at The Workers Compensation Lawyer Law Firm. We understand all the legal processes you must follow to file a successful claim. Call us at 424-501-9228 in Los Angeles, and let us walk the journey together for a favorable outcome.