How to Get Black Lung Benefits in Kentucky

According to the National Institutes of Health, coal worker's pneumoconiosis, colloquially called "black lung," occurs when miners breathe in the dust from coal, graphite or man-made carbon over extended periods of time. Black lung causes chronic coughing and shortness of breath; as of January 2011, there is no cure for the ailment. The Federal Black Lung Benefits Act provides monthly payments and medical benefits to miners who have been totally disabled from the disease. Region IV of the Division of Coal Mine Workers' Compensation handles benefits claims for workers or their survivors in Kentucky.

Things You'll Need

• W-2 forms
• Tax forms
• Health records

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Instructions

• 1

  Complete a CM-911 "Miner's Claim for Benefits under the Black Lung Act" form and a CM-911a employment history form. On these forms, you must detail your history in the mining industry as well as basic information about you and your dependents. You can complete these forms at your local Social Security office, U.S. Department of Labor Black Lung office or the Region IV offices in Pikeville, Kentucky, or Mt. Sterling, Kentucky. You can also call one of these offices to have forms sent to you or complete the forms online on the U.S. Department of Labor's Division of Coal Mine Worker's Compensation (DCMWC) website.

• 2

  Provide the DCMWC with proof of employment in a mine. This can be in the form of a W-2 form, a letter from an employer or tax records. Based on the information provided in your benefits application and employment history forms, the office may ask for additional copies of official documents such as birth, marriage or death certificates or proof of enrollment in school for your children. If you are applying for benefits from a deceased miner, you will need to provide all of his pertinent medical records, including a list of physicians and autopsy reports.

• 3

  Schedule a complete pulmonary evaluation once the DCMWC office has contacted you about your benefits application. You can obtain a free medical exam from the Department of Labor, and the department will give you a list of physicians who can perform this exam. After your exam, the DCMWC will review your claim and determine whether it supports or denies your claim. You will receive a preliminary review from the DCMWC in the form of a "Schedule for the Submission of Additional Evidence" letter. If your claim is initially denied in the letter, you will be instructed on how to submit more documentation and get an exam from a doctor of your choosing.

• 4

  Attend an informal conference if the DCMWC requests you do so in reference to your claim. The office will inform you about the time and location of your conference. Your claim and all the related evidence will be reviewed at the conference and a final decision will be made whether to approve or deny your claim.