The Black Lung Benefits Act is a U.S. federal law which provides monthly payments and medical benefits to coal miners totally disabled from pneumoconiosis 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.
Claims may be submitted to any of nine district offices of the Division of Coal Mine Workers' Compensation 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]. There may be a rebuttable presumption that pneumoconiosis 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 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 Black Lung Disability Trust Fund. Payments and benefits are not considered taxable income.
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. 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.
