The Black Lung Benefits Act (BLBA) is a

U.S. federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...

which provides monthly payments and medical benefits to coal miners totally disabled from

pneumoconiosis Pneumoconiosis is the general term for a class of interstitial lung disease where inhalation of dust ( for example, ash dust, lead particles, pollen grains etc) has caused interstitial fibrosis. The three most common types are asbestosis, silicos ...

(black lung disease) arising from employment in or around the nation's coal mines. The law also provides monthly benefits to a miner's dependent survivors if pneumoconiosis caused or hastened the miner's death.

History

In 1952, Alabama became the first state to provide compensation for coal workers' pneumoconiosis. In 1969, the

United Mine Workers The United Mine Workers of America (UMW or UMWA) is a North American labor union best known for representing coal miners. Today, the Union also represents health care workers, truck drivers, manufacturing workers and public employees in the Unit ...

convinced the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

to enact the landmark

Federal Coal Mine Health and Safety Act The Federal Coal Mine Health and Safety Act of 1969, U.S. Public Law 91-173, generally referred to as the Coal Act, was passed by the 91st United States Congressional session and enacted into law by the 37th President of the United States Richard ...

which provided compensation for miners suffering from

Black Lung Disease Coal workers' pneumoconiosis (CWP), also known as black lung disease or black lung, is an occupational type of pneumoconiosis caused by long-term exposure to coal dust. It is common in coal miners and others who work with coal. It is similar to b ...

Arnold Miller Arnold Ray Miller (April 25, 1923 – July 12, 1985) was a miner and labor activist who served as president of the United Mine Workers of America (UMWA), AFL–CIO, from 1972 to 1979. Winning as a reform candidate, he gained positive changes f ...

(1923–1985) a miner and long time labor activist played a big role in the struggle for this legislation.

Adjudication and processing

Claims may be submitted to any of nine district offices of the

Division of Coal Mine Workers' Compensation Division or divider may refer to: Mathematics *Division (mathematics), the inverse of multiplication *Division algorithm, a method for computing the result of mathematical division Military *Division (military), a formation typically consisting ...

of the Department of Labor. The employment and medical history of the claimant are examined, including a complete pulmonary evaluation paid for by the

Black Lung Disability Trust Fund The Black Lung Benefits Act (BLBA) is a U.S. federal law which provides monthly payments and medical benefits to coal miners totally disabled from pneumoconiosis (black lung disease) arising from employment in or around the nation's coal mines. Th ...

. There may be a rebuttable presumption that

resulted from such employment for miners long-term employed at one or more coal mines. Right of rebuttal is offered to the relevant coal mine operator, and final determination is made by the director of the examining district office. The fairness of these administrative proceedings, however, has recently been called into question in light of an increasing lack of resources for miners to contest claims accompanied by a resurgence in black lung disease.

Benefits and medical services

Present and former coal miners, other workers who have been exposed to coal dust, and their surviving dependents may apply for medical and monthly financial benefits under the Act. The program provides for diagnostic testing to verify the presence of black lung disease and degree of associated disability. Benefits may include a monthly stipend, as well as such medical services as prescription drug coverage, hospitalization coverage, durable medical equipment, and outpatient therapy. Note: Benefits do not include Residence costs (room and board) for nursing homes or skilled nursing facilities. Miners who become disabled to the point of needing the services of a nursing home or skilled nursing facilities will have to resort to their own insurance or private funds to pay for these services. Payments are made by the operator of the mine most recently employing an affected worker or from the

.Compliance Guide to the Black Lung Benefits Act, January 2001

Department of Labor The Ministry of Labour ('' UK''), or Labor ('' US''), also known as the Department of Labour, or Labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workforce participation, training, a ...

Payments and benefits are not considered taxable income.Federal Black Lung Benefits Are Not Taxable
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Black Lung Disability Trust Fund

The Black Lung Benefits Act established a government trust fund to pay for the benefits, financed by an excise tax on coal. Until the end of 2018 the tax was $1.10 per ton for coal from subsurface mines and $0.55 per ton for surface mines, limited to a maximum of 4.4% of the coal’s selling price. Starting January 1, 2019 the rate was reduced to $0.50 per ton for coal from subsurface mines and $0.25 per ton for surface mines, limited to 2% of selling price that was established in the original Black Lung Benefits Revenue Act of 1977 rather than the updated rates that was used to pay the fund that was established in the

Consolidated Omnibus Budget Reconciliation Act of 1985 The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) is a law passed by the U.S. Congress on a reconciliation basis and signed by President Ronald Reagan that, among other things, mandates an insurance program which gives some emp ...

. Coal produced for export is not taxed. The Trust Fund runs a deficit, financed by borrowing from the treasury. Congress has in the past forgiven portions the debt, which reached a maximum of $10.5 billion in 2008 and stood at $4.3 billion in 2018. With the 2019 cut in excise tax rates, the General Accounting Office estimates the debt will reach $15.4 billion in 2050. In 2022, the excise tax rates was restored back to its 1985 rates as a permanent extension as a provision in the

Inflation Reduction Act of 2022 The Inflation Reduction Act of 2022 (IRA) is a landmark United States federal law which aims to curb inflation by reducing the deficit, lowering prescription drug prices, and investing into domestic energy production while promoting clean ener ...

rather than used as short-term, one year extensions Congress had passed in 2019 & 2020 but not in 2021.

Notes

External links