Black Lung Attorneys

Black lung disease is one of the deadliest conditions that affects coal industry workers. Also known as coal workers pneumoconiosis (CWP), black lung is caused primarily by long-term exposure to coal dust. This condition is similar to other lung diseases such as silicosis, which are also common among coal miners.

Black lung disease/CWP results in tens of thousands of deaths each year, and those who survive with this condition live with numerous adverse complications and a severely diminished quality of life. This condition is especially tough on the victim’s family members, as they have to witness their loved one’s steady decline and live with the consequences of it.

If you have been diagnosed with black lung, silicosis or another lung disease by a black lung clinic or your family doctor, your next stop should be Bailey, Javins & Carter, L.C. Since 1970, our lawyers have helped West Virginia coal miners and other workers get the full and fair compensation they deserve. We are willing to pursue these claims through state and federal court as necessary to get results.

The federal Black Lung Benefits Act (BLBA) provides monthly payments and medical benefits to coal miners who were completely disabled from CWP during the course of their employment. This law also requires employers to provide monthly benefits to dependent survivors of coal miners who died because of work-related black lung disease. To find out if you qualify for benefits under the BLBA, call Bailey, Javins & Carter, L.C. at 800-497-0234 or 800-296-6979 for a free, no obligation consultation.

Take Control: Start Your Journey Toward Justice Today

We know that reaching out for legal help feels like a big step. But here’s the truth: taking this step is normal and necessary, and it’s your right. At Bailey, Javins & Carter, L.C., your initial consultation with us is completely free and carries no obligation whatsoever. You are not committing to legal action right away; we simply want you to better understand your situation, explore your options, and make the most informed decision on how to proceed.

During our conversation, we’ll listen to your story, address your concerns, and outline the potential paths forward. You’ll leave with clarity on how to move ahead, whether you choose to proceed with us or consider other options. Remember, this consultation is confidential and comes at no cost to you. It’s your moment to take control, understand your rights, and see how we can fight for the justice and compensation you deserve. You are not alone in this – we are here to support you every step of the way.

A Reputation for Success in Lung Disease Claims

In West Virginia, our record of results has made us the go-to law firm for black lung, silicosis and other lung disease cases. Not only are we referred cases by past clients, even our peers frequently partner with us on these cases or refer them to us. We have taken on industry giants and powerful opponents such as Consol, Massey, ICG, Eastern, Alpha and Patriot, and we are not intimidated by their vast resources and the influence they wield in our state. We have made a career out of standing up for the working people of West Virginia, and we will fight hard for every dollar of compensation you deserve.

What Lung Disease Does Your Case Involve?

We remain dedicated to advocating for workers who have suffered life-altering respiratory damage due to hazardous occupational environments. 

We handle complex litigation involving lung diseases caused by inhaling quartz dust, crystalline silica, asbestos fibers, and a variety of modern synthetic hazardous substances found in today’s industrial sectors.

We represent a broad spectrum of the workforce, including coal miners, sandstone drillers, sandblasters, demolition experts, and manufacturing professionals. Any occupation that sends microscopic, toxic material into the air can lead to long-term health complications that require aggressive legal representation to secure the benefits you deserve.

Black Lung Disease and Coal Worker’s Pneumoconiosis (CWP)

Coal Worker’s Pneumoconiosis, commonly known as Black Lung Disease, remains a significant threat to those in the energy sector. In 2026, we are seeing a rise in cases even among younger miners due to the intensity of modern mining techniques. This condition is caused by the long-term inhalation of coal mine dust, which settles in the lungs, causing the tissue to harden and turn black.

The symptoms of CWP are often progressive and may not appear until years after exposure. Common signs include a chronic “smoker’s cough” (even in non-smokers), persistent wheezing, and a debilitating shortness of breath that makes simple tasks impossible. Beyond the physical discomfort, CWP often leads to secondary complications like airway obstruction and pulmonary hypertension, which puts immense strain on the heart. Our firm works with top medical experts to document the full extent of this damage.

Silicosis and Crystalline Silica Exposure

Silicosis is often confused with black lung, but it is a distinct and increasingly common condition caused by inhaling silica dust. Silica is a natural mineral found in sand, rock, and mineral ores. Workers in construction, glass manufacturing, steel production, and road repair are at high risk. Recently, we have also seen a spike in silicosis cases among workers cutting engineered stone for kitchen countertops.

Silicosis causes permanent scarring of the lung tissue, known as fibrosis. This scarring prevents the lungs from taking in enough oxygen. There are three main types: chronic, accelerated, and acute silicosis. Regardless of the type, the result is a reduced quality of life and an increased susceptibility to other infections like tuberculosis and lung cancer. We understand the specific industrial standards required to protect workers from silica and hold employers accountable when those standards are ignored.

Mesothelioma and Asbestos-Related Conditions

Asbestos exposure remains one of the most litigated areas of occupational health because the latency period can last decades. Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs (pleura), heart, or abdomen. Despite being preventable, it remains an incurable diagnosis for many workers in the power plant, shipyard, and firefighting industries.

In addition to mesothelioma, we represent those suffering from asbestosis. This is a non-cancerous but chronic lung disease characterized by scarring of the lung tissue. As the scarring worsens, the lung tissue becomes so stiff that it cannot function properly. Workers from the mid-to-late 20th century are still being diagnosed today, and new exposures in older building renovations continue to create new victims. We have the resources to trace asbestos exposure back decades to identify the responsible manufacturers.

Progressive Massive Fibrosis (PMF)

Progressive Massive Fibrosis is the most advanced and severe stage of Coal Worker’s Pneumoconiosis. It is often referred to as “complicated” black lung. At this stage, the small nodules in the lungs join together to form large masses of scar tissue. This significantly reduces the surface area available for oxygen exchange, leading to a profound loss of lung function.

In the coming years, medical research will provide better palliative care for PMF, but there is still no known cure. The impact on an individual’s life is catastrophic; most sufferers require supplemental oxygen 24/7 and are unable to perform any physical labor. Because PMF is entirely preventable through proper dust control and respiratory protection, we view these cases as a failure of corporate responsibility and fight for maximum compensation for the suffering involved.

Occupational Asthma and Hypersensitivity Pneumonitis

We also cover emerging respiratory threats, such as occupational asthma caused by exposure to isocyanates, dyes, and fumes in modern manufacturing. Additionally, we handle cases of Hypersensitivity Pneumonitis (HP), an immune system disorder where the lungs become inflamed in response to inhaled organic dusts, molds, or chemicals.

These conditions can be just as debilitating as better-known diseases. If a worker is forced to leave their career because their workplace environment has made it impossible to breathe, they are entitled to compensation. We stay updated on the latest toxicological reports to ensure that even “new” industrial diseases are recognized in a court of law.

Securing Compensation for Transplants and Critical Care

The financial burden of chronic lung disease is staggering. We have successfully represented clients who have undergone single and double lung transplants—procedures that cost millions of dollars and require a lifetime of expensive anti-rejection medication. A successful case provides for more than just medical bills; it covers lost wages, future earning capacity, and the profound loss of enjoyment of life.

Our goal is to ensure that no worker has to face these health crises alone. Whether your case involves traditional coal dust or modern chemical exposure, we have the experience to navigate the complex medical and legal hurdles. We provide a comprehensive evaluation of your workplace history and medical records to build the strongest possible claim for your future.

Black Lung Disease Cases are Increasing

Black lung disease became a major epidemic among coal workers during the 1970s, affecting thousands of workers in the industry each year. By the end of the 1990s, however, the condition had been largely contained and believed to be on the verge of extinction.

During the 2000’s, the situation started to take a sharp turn for the worse. A surprising resurgence of severe black lung disease cases (i.e., complicated CWP) began to take hold in coal producing states like West Virginia, Kentucky, Ohio, and Virginia. In fact, a National Public Radio investigation recently identified nearly 2,000 cases of progressive massive fibrosis/complicated CWP in coal producing states.

Equally disturbing, this condition started showing up in younger coal workers, those who are in their 30s, 40s, and 50s. Previously, complicated CWP was most common with current and former coal workers who were advanced in years (e.g., 60s, 70s, and 80s).

The huge spike in complicated CWP cases is believed to be largely caused by a focus in the industry on technological efficiencies and changes in the way coal is mined. Mining companies who want to operate more efficiently have laid off a lot of workers, forcing those who remain to work much longer hours. Some of the machinery required to mine thinner coal seams has also been blamed, because it produces silica dust, which is even more toxic than coal dust.

Defective dust masks may also be playing a role. Dust masks or respirators are worn by coal workers to help prevent the inhalation of toxic substances, but it has been found that some of these masks and respirators are faulty and do not work properly.

Today’s black lung rates are higher than they were in the 1970s, and they can affect workers as young as their 30s. But sadly, the coal industry wants to pretend that this problem does not exist. Rather than taking steps to make their workers safer, the industry continues to lobby for fewer government safety regulations. Until they are held accountable for their actions, they are likely to continue putting the lives of their workers at risk.

 

Free Initial Consultation with a Coal Mining Injury Attorney

If you or someone close to you has developed black lung disease or suffered any other type of workplace injury or illness, Bailey, Javins & Carter, L.C. is here to help. Contact us today to schedule a free consultation and case assessment. We look forward to serving you!

We work on a contingent fee basis. We do not get paid unless you do.