If you have developed black lung disease as a result of working as a coal miner, you will be entitled to compensation. However, you will need to prove that you actually developed this medical condition to be entitled to benefits. You must prove that you are completely disabled and are not able to perform the work that you previously performed as a coal miner.
Filling Out the Application
When you decide that you will be filing for black lung disease benefits, you will need to fill out an application. If you find any aspect of your application to be confusing, you should consult with a coal mine attorney.
The party that is most likely to be held responsible for paying for your benefits is your employer. However, if your employer is not able to pay for your benefits, there is a government trust fund that is also able to compensate you for lost wages and medical expenses.
Providing Important Information to the Claims Adjuster
To receive compensation, you will need to provide information about your career as a coal miner. You will need to list the companies you have worked for, how many years you have worked for these companies, and whether you have performed any work outside the coal mining industry. This will be used to help determine which employer is responsible for paying for your damages.
Receiving a Medical Examination
You will also need to undergo a medical evaluation to make sure that you actually are suffering from this condition. Fortunately, you are entitled to a free evaluation. You have the right to have the results of the examination sent to you.
However, if the results of the evaluation do not prove that you have this condition, or if the US Government believes that you developed your medical condition in a different way, you will need to speak with a coal miner attorney about the best steps to take to appeal the decision.
Appealing Your Black Lung Case
Fortunately, your coal miner attorney will be able to inform you on the medical evidence you can obtain that can allow you to prove that you are entitled to compensation for your black lung disease.
However, it's important to keep in mind that coal mining companies fight very hard to reduce the amount that they will be expected to compensate you for and it's important to prepare for a legal battle. Look into a coal miner attorney near you for more information.