Coal Mine Workers' Compensation

 

To provide benefits to coal miners who have become totally disabled due to coal workers' pneumoconiosis (CWP), and to the surviving spouse and other surviving dependents of miners who have died of this disease.

Active 17.307 Office of Workers Compensation Program, Department of Labor D - Direct Payments With Unrestricted Use Fiscal Year 2020 The Black Lung program successfully reduced the percentage of claims pending for more than 365 days from 20% to 12% over the prior two years.
Fiscal Year 2021 In FY 2021, the Black Lung program provided payment of nearly $200M in total compensation and medical benefits, while servicing more than 30,000 beneficiaries.
Fiscal Year 2022 The Federal Black Lung program provided $183.6 million in disability compensation and medical benefits while servicing 28,628 coal miners with black lung diseases and their families. The Black Lung program also took many strides forward to strengthen customer experience and service delivery for miners with black lung, including beginning the process of simplifying the forms miners use to file for benefits and completing the program’s first ever customer experience feedback survey. Critically, in fiscal year 2022, President Biden signed the Inflation Reduction Act, which permanently extended the excise tax on underground and surface-mined coal, which is the primary source of revenue for the Black Lung Disability Trust Fund. The Black Lung program also worked diligently to complete a Notice of Proposed Rulemaking (NPRM) to address issues involving self-insured coal miner operators. The NPRM was ultimately published in January 2023. Black Lung Benefits Act, as amended, 30 U.S.C. 901 et seq. The miner (including some workers involved in coal transportation in and around mines and coal mine construction workers) must have worked in the Nation's coal mines or a coal preparation facility and become "totally disabled" (as defined in the Act) from pneumoconiosis. The applicant may be able to work in areas other than coal mines and still be eligible for benefits. Benefits to miner shall be reduced on account of excess earnings as determined under sections 203(b) through (1) of the Social Security Act for claims filed on or after January 1, 1982. The surviving spouse and other surviving dependents of coal miners whose death resulted from coal workers' pneumoconiosis are also eligible for benefits with earnings offsets applicable to certain classes of dependents. Applicants can reside anywhere in the world at the time they apply. The miner (including some workers involved in coal transportation in and around mines and coal mine construction workers) must have worked in the Nation's coal mines or a coal preparation facility and become "totally disabled" (as defined in the Act) from pneumoconiosis. The applicant may be able to work in areas other than coal mines and still be eligible for benefits. Benefits to miner shall be reduced on account of excess earnings as determined under sections 203(b) through (1) of the Social Security Act for claims filed on or after January 1, 1982. The surviving spouse and other surviving dependents of coal miners whose death resulted from coal workers' pneumoconiosis are also eligible for benefits with earnings offsets applicable to certain classes of dependents. The miner (including some workers involved in coal transportation in and around mines and coal mine construction workers) must have worked in the Nation's coal mines or a coal preparation facility and become "totally disabled" (as defined in the Act) from pneumoconiosis. The applicant may be able to work in areas other than coal mines and still be eligible for benefits. Benefits to the miner shall be reduced on account of excess earnings as determined under sections 203(b) through (1) of the Social Security Act for claims filed on or after January 1, 1982. The surviving spouse and other surviving dependents of coal miners whose death resulted from coal workers' pneumoconiosis or where the miner had been found to be qualified for Black Lung Benefits are also eligible for benefits with earnings offsets applicable to certain classes of dependents. Applicants can reside anywhere in the world at the time they apply. Medical tests, at Department of Labor expense, which include an x-ray, pulmonary function study, physical examination, and blood gas tests. Proof of work in or around a coal mine or coal preparation facility. Also proof of death, relationship and dependency required for the surviving spouse and other survivors applying. Identification of a responsible mine operator is made as specified in regulations published in the Code of Federal Regulations (20 CFR 725). This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles. Preapplication coordination is required. Applicants are required to state on the claim form whether a claim for disability benefits due to the same condition has been filed under any State or other Federal workers' compensation law. Benefits received as a result of such a claim could be offset against Federal benefits. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Telephone, write-in, or visit the local Division of Coal Mine Workers' Compensation district or local office. After review of the application is completed, the applicant will be notified by mail. Contact the headquarters or regional location, as appropriate for application deadlines An average of 11 months for issuance of proposed decisions and orders depending on availability of supporting evidence. A miner must file a claim for benefits within three years after a medical determination of total disability due to pneumoconiosis or within three years after the date of enactment of Public Law 95-239, whichever comes later, (Black Lung Benefits Reform Act of 1977). There are no time limitations for dependent survivors to file claims. Notify Office of Workers' Compensation Programs (OWCP). The appeal process includes de novo formal hearings before the Office of Administrative Law Judges, review by the Benefits Review Board, Federal Courts of Appeal, and U.S. Supreme Court. Not applicable. Not applicable. Monthly cash benefits are paid to coal miners disabled from coal workers' pneumoconiosis and to widows and other survivors of miners who have died of this disease. There are no restrictions on the use of these benefits by a beneficiary. Medical payments for treatment related to coal workers' pneumoconiosis are available to miners only after January 1, 1974. Not applicable. Not applicable. Any change in an eligibility requirement or in a factor affecting the amount of benefits, such as, State workers' compensation awards, or change in status of a dependent, must be reported to the Office of Workers' Compensation Programs when it occurs. Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. The period of total disability with no monetary limit (For death benefits: the surviving spouse - until death or remarriage; children - until age 18 or to age 23 if qualified as a student as defined by the Act unless under a disability as defined in Section 223(d) of the Social Security Act, 42 U.S.C. 423(d)). Employers or their insurance carriers are required to begin compensation within 30 days of the initial determination of eligibility. Method of awarding/releasing assistance: Payments are disbursed on a monthly basis. Payments are disbursed on a monthly basis. Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs (OWCP), Division of Coal Mine Workers' Compensation (DCMWC). Contact information is available at the following website: https://www.dol.gov/agencies/owcp/dcmwc/districtoffices Michael Chance
Office of Workers' Compensation Programs, Division of Coal Mine Workers' Compensation, 200 Constitution Avenue NW
Washington, DC 20210 US
DCMWC-PUBLIC@dol.gov
Phone: (202) 693-0046. https://www.dol.gov/agencies/owcp/dcmwc 16-8144-0-7-601 (Direct Payments with Unrestricted Use) FY 22$153,478,000.00; FY 23 est $162,893,000.00; FY 24 est $158,868,000.00; FY 21$176,357,000.00; FY 20$34,677,000.00; FY 18$249,862,000.00; FY 19 est $236,909,000.00; FY 17$270,444,012.00; FY 16$275,988,029.00; - These are benefits for both Parts B & C of the program. The 2023 Black Lung benefit rates are as follows: PART B MONTHLY BENEFITS RATES (claims approved by the Social Security Administration - payments received around the 3rd of each month): Primary beneficiary: $737.00, Primary beneficiary and one dependent: $1,106.00, Primary beneficiary and two dependents: $1,291.00, Primary beneficiary and three or more dependents: $1,475.00. PART C BLACK LUNG MONTHLY BENEFIT RATES (claims approved by the Department of Labor - payments received around the 15th of each month): Primary beneficiary: $737.90, Primary beneficiary and one dependent: $1,106.90, Primary beneficiary and two dependents: $1,475.80, Primary beneficiary and three or more dependents: $1,417.70. Benefits rates are set accordance with Section 412(a)(1) of the Federal Coal Mine Health and Safety Act, which specifies that the rate for an individual Black Lung beneficiary is 37.5% of the base salary of a Federal employee at level GS-2, Step 1. Code of Federal Regulations, Title 20, Parts 410.401 et seq., 718, 722, 725, and 726. "Black Lung Benefits," Fact Sheet No. ESA 91-14. Not applicable.