Workers employed in a coal mine are always at risk of black lung disease. In fact, most deaths of coal mine workers is attributed to this disease. According to the “State of the Air report”, Alaska has some of the most polluted countries where most Alaskan breathe unhealthy air. The most affected are the coal workers. Anyone who has suffered from a black lung can tell you that they always fight for health care and other resources needed to survive. Unfortunately, not many people are aware of black lung disease, as such, they cannot advocate for their legal rights when they get exposed.
If you have inhaled coal dust and developed black lung disease, you may file a claim to get workers compensation benefits.
What Is Black Lung?
Black lung disease, also known as coal workers’ pneumoconiosis, occurs when one inhales coal dust. With time, the inhaled coal dust causes scarring to the lungs and impacts one ability to breathe. This happens when dust particles are inhaled into the lungs, causing inflammation. The worst thing is that black lung symptoms can take years to show. When it comes to diagnosis, the length and severity of one’s exposure play a significant part. Some of the symptoms coal miners should be concerned with are:
- Shortness of breath which may be severe depending on the severity
- Heart failure
- Cough
- Chest tightness
Any coal mine worker who experiences such symptoms should seek medical help immediately. Even if you don’t have any symptoms and work in a coal mine, it is advisable to have your lungs checked. Early detection of black lung disease is the only sure way to keep yourself safe.
Treatment Of Black Lung
If you have been diagnosed with black lung disease, you might be having shortness of breath. You may choose to have a top Anchorage attorney help you understand the legal steps to take to ensure you get compensated rightfully. Since there is no treatment known to reverse the damage caused by coal dust, a victim only learns to live with the disease while taking necessary steps to minimize the disease’s progression. In one case, one can relieve symptoms, which help improve the quality of life.
Once a worker’s symptom has been exposed, the doctor can prescribe the best court of action. Mostly, one may be given breathing or other medication treatments to help open blocked airways and reduce inflammation. If the lung scarring seems severe, the doctor may prescribe supplemental oxygen to help the victim get more air. When this is not done, a victim may lose their life. In such a case, the Black lung Benefits Act can allow the surviving family to get the benefits of the coal miner worker’s death. The company where the employee workers may also be forced to provide benefits if it meets certain law requirements. The Act provided benefits to any coal miner who has been disabled by black lung arising within the scope of employment. Besides, it also benefits survivors of the coal miner who may lose life due to the disease. Medical benefits to be paid may include:
- Medical and surgical expenses
- Hospital and nursing care
- Rehabilitation services
To qualify for such benefits, a coal miner must be in the business for at least three years.
Have You Been Diagnosed With Black Lung?
If you have been diagnosed with a black lung, this may prevent you from doing jobs you previously did. After discovering you have been exposed to coal mine dust, the first step would be to notify your employer. According to Federal law, workers who have been diagnosed with black lung have a right to be transferred to other departments where dust concentration is low. Even this happens, one should make a promote act to file a black lung workers’ compensation claim. Sometimes, insurance carriers offer lower benefits to those affected by black lung disease. In such a case, they have the right to disagree with a claim and request a formal hearing. Your lawyer should guide you in filing the claim within the set statute of limitations.
If you are thinking of filing your workers’ compensation claim, you should remember that your time will start running when:
- You started experiencing symptoms, or
- You were diagnosed with black lung
Since each state has different rules regarding the workers’ compensation system, you may consider filing your claim with the help of an experienced workers’ compensation attorney. Depending on your circumstances, your attorney can also guide you to file a separate claim with the Black Lung Program. If you qualify for both benefits, the later ones will be reduced to offset your workers’ compensation benefits. It would help if you hire that lawyer who understands Black Lung disease or has handled similar cases.
