Federal Laws Addressing Liability

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Black Lung Benefits Act of 1972

In 1972, Congress amended Title IV of the Federal Coal Mine Health and Safety Act of 1969 to add the Black Lung Benefits Act, 30 U.S.C. § 921(c). The black lung benefits provisions established a compensation scheme for coal miners allegedly suffering from "black lung disease" (pneumoconiosis) and the survivors of miners who died from or were "totally disabled" by the disease. Under the black lung program, a claimant seeking benefits files a claim with the District Director of the Department of Labor's Office of Workers' Compensation Benefits. The District Director investigates the claims and determines whether the claimant is eligible for benefits. If the claimant is so eligible, and no employer can be held responsible for the claimant's illness, the claimant is paid from a Black Lung Disability Trust Fund, derived from an excise tax paid by coal mine operators based on the tonnage and price of coal sold.