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Macey Swanson and Allman has been selected by the United Mine Workers of America to provide assistance in filing claims under the Black Lung Benefits Act to Indiana mine workers and their families. Call us at 317-637-2345 or e-mail info@maceylaw.com to discuss your claim.
The United States Department of Labor's (DOL) Office of Workers' Compensation Programs (OWCP) administers the Black Lung Benefits Act which provides, in cooperation with the States, benefits to coal miners who are totally disabled due to pneumoconiosis and to the surviving dependents of coal miners whose death was due to such disease.
The DOL's web site for detailed information about Black Lung benefits is at:
http://www.dol.gov/owcp/dcmwc/
The statutory provisions of the Black Lung Act are found at:
30 U.S.C. § 901 et seq.
The regulations governing claims for Black Lung Benefits are found at:
20 C.F.R. § 715 et seq.
In general, a miner must satisfy four requirements to be eligible for benefits:
(1) show that he or she is a coal miner (broadly defined);
(2) show that he or she is afflicted with pneumoconiosis;
(3) show that he or she is totally disabled; and
(4) show that the cause of the disability is pneumoconiosis.
For dependent survivors to claim survivor benefits, they must show that the miner's death was caused by pneumoconiosis.
The form for filing for benefits, form CM-911, may be found on the DOL's web site. A copy is attached here. Click here for the DOL's Black Lung FAQ.