West Virginia Black Lung Disease/Coal Worker’s Pneumoconiosis (CWP) Attorneys

At Bailey, Javins & Carter, L.C., we have extensive experience going up against the large coal companies and their armies of high-priced attorneys. Over the years, we have developed an in-depth understanding of the tactics the coal companies commonly employ to try and game the system. For example, when a black lung disease (otherwise known as coal worker’s pneumoconiosis, CWP) claim is filed against them, the coal company typically responds with statements denying any responsibility. They will even provide clean samples to back up their statements.

It is not difficult to come up with clean samples when you are able to doctor them before presenting them as evidence. We understand this game; and more importantly, we understand how to effectively untangle their web of deceit and show the truth to the judge and jury. Our attorneys have more than 40 years of experience holding coal companies accountable for harm caused to West Virginia coal miners. We can help you get the compensation you deserve.

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.

How We Overcome the Challenges in CWP Cases

Sadly, CWP is 100 percent preventable, yet thousands of miners every year discover they have this deadly lung disease. A miner can get simple CWP by working in just one mine where respirable dust is allowed to exceed the legal limits. If the mine is particularly unsafe in its dust practices, the disease process can become greatly accelerated, and the CWP progression becomes equivalent to having worked in the unsafe mine for several years.

Proving that the coal company falsified samples to distort the amount of coal dust present in its mines is only one of the many challenges we will have to overcome to make your case a success. The first challenge may be determining which mining company was responsible, as coal miners often work in several mines throughout their careers.

Perhaps one mine was continually cited for extensive coal dust and others were not. Our investigation goes much deeper than that. Using our knowledge of the coal seams mined in our area, roof and rib composition, and many other relevant factors, we put our experience to work to thoroughly and extensively investigate your circumstances. Our knowledge of the industry plays a critical role in conducting successful investigations and building strong black lung disease claims.

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

What Causes Simple Coal Worker’s Pneumoconiosis (CWP)?

Simple CWP develops over time from the cumulative effect of continually inhaling coal dust. A number of coal-related occupations can put you at risk for developing CWP. These include:

• Coal Mine Workers
• Coal Trimmers (those who load and store coal)
• Graphite Mine Workers
• Carbon Electrode Manufacturing Workers
• Carbon Black Manufacturing Workers

Simple CWP can progress over time to complicated CWP (otherwise known as massive pulmonary fibrosis, MPF). This is commonly caused by heavier coal dust exposure, and/or sustained coal dust exposure to the lungs over an extended period of time.

Symptoms of CWP are often difficult to notice during the onset of the disease. Chronic cough can develop due to the inhalation of coal dust, but this may be indicative of bronchitis as well. As the condition progresses, you may also experience shortness of breath, black sputum, dysfunction in the lungs and heart, and pulmonary hypertension. If you are a coal worker and you are experiencing any of these symptoms, see a medical professional as soon as possible, and contact us to review your legal options.

Diagnosis and Treatment of Black Lung Disease/CWP

Coal worker’s pneumoconiosis is diagnosed with a chest X-ray and an occupational history of the patient. If you are diagnosed with this condition, your doctor may also perform a lung function test to find out how far the disease has progressed. It is essential to present a full and complete occupational history to ensure a proper diagnosis.  This will also assist your legal team in putting together your claim.

CWP can only be contracted through exposure to coal dust, so it is important to include all coal-related jobs you may have held. These may include summer jobs, jobs you held as a student, and other types of short-term employment. Even if you only had limited exposure to coal dust in your work history, CWP is still possible, especially if the mines you worked in had highly unsafe dust levels.

Respirators Do Not Prevent CWP/Black Lung Disease

Many coal companies have tried to address the issue of mine safety by providing respirators and similar equipment to their workers. By doing this, they hope to absolve themselves of having to take measures to bring the air quality in the mines to proper safety levels. Not only have these devices not made coal workers safer; in many cases, they have made the situation worse.

For one thing, wearing respirators inside a hot, stuffy mine for 10-12 hours a day can be very uncomfortable. Worse yet, some of these respirators have been shown to be defective by clogging up with dust, thus heightening the worker’s exposure to harmful substances and increasing the chances they will develop CWP.

Another problem is the heat inside the mine, which intensifies as you are cutting rock and performing similar activities. The heat in the mines has been known to burn through the respirators, making them more unsafe for miners.

Airstream helmets are slightly better than respirators, but they are still highly flawed. They are noisy, bulky, and many workers have complained that they make it more difficult to see while inside dark mines. Many of these helmets are also very cheaply made and tend to accumulate dust, which again makes it more unsafe for the miners.

The bottom line is that, whether mine safety equipment helps or not, it is no substitute for maintaining compliance with federal dust exposure limits. Coal companies have a legal responsibility to comply with all federal, state and local laws and regulations, and create a safe work environment for their employees.

In addition, these companies should carefully examine the equipment they are providing their employees, because much of it has been shown to be defective. If you believe you may have used defective respirators or other defective mine safety equipment, get in touch with us right away for a free evaluation of your case.

What Are WV State Black Lung Benefits?

Black lung disease, or pneumoconiosis, is a debilitating and often fatal respiratory condition caused by prolonged inhalation of coal dust. It’s a serious occupational hazard for coal miners, and West Virginia, with its rich coal mining history, has a significant population of individuals affected by this disease. While the federal government provides the primary Black Lung Benefits program, West Virginia also has state-level provisions to support affected miners. This document will delve into the specifics of West Virginia state black lung benefits.

Understanding Black Lung Disease

Before discussing the benefits, it’s crucial to understand the disease itself. Black lung disease isn’t a single condition but encompasses a range of lung diseases caused by coal dust inhalation. These include:

•       Simple Coal Workers’ Pneumoconiosis (CWP): Characterized by small nodules in the lungs. Often, it causes few or no symptoms.
•       Complicated CWP (Progressive Massive Fibrosis or PMF): A more severe form where the nodules coalesce, leading to large areas of scarring in the lungs. This causes significant breathing difficulties.
•       Other related conditions: Emphysema and chronic bronchitis can also be related to coal dust exposure.

Federal Black Lung Benefits

The primary source of benefits for coal miners with black lung disease is the federal Black Lung Benefits Act. This act provides:

•       Monthly cash payments: To miners who are totally disabled due to pneumoconiosis, and to surviving dependents of miners whose deaths were attributed to the disease.
•       Medical benefits: To eligible miners for treatment of lung diseases related to pneumoconiosis.

The federal program is administered by the U.S. Department of Labor. It’s important to distinguish between federal and state benefits, as they operate independently, though an individual may be eligible for both.

West Virginia’s Role in Black Lung Benefits

While the federal government provides the core benefits, West Virginia has legislation and programs that address black lung disease within the state. These include:

•       Workers’ Compensation: West Virginia’s workers’ compensation system covers occupational diseases, including black lung. Miners can file claims for compensation due to disability caused by black lung disease.
•       Black Lung Clinics Program: The West Virginia Department of Health and Human Resources (DHHR) supports a network of Black Lung Clinics. These clinics provide essential services to miners with black lung disease, including:

o   Screening and diagnosis

o   Medical treatment

o   Education and outreach

o   Rehabilitation

o   Benefits counseling (helping miners navigate the process of applying for benefits)

•       State Legislation: West Virginia has laws that address black lung disease, including provisions related to:

o   Eligibility criteria for state benefits

o   The process for filing claims

o   Statutes of limitations for filing claims

o   Tax credits for benefits received

Key Aspects of WV State Black Lung Benefits

Here are some important aspects of West Virginia’s approach to black lung benefits:

•       Eligibility: To be eligible for state benefits, a miner typically needs to demonstrate a certain period of employment in West Virginia coal mines and a diagnosis of pneumoconiosis.
•       Claims Process: The process for filing a black lung claim in West Virginia involves providing medical evidence of the disease and documentation of employment history. This often involves navigating the workers’ compensation system.
•       Statute of Limitations: West Virginia law sets time limits for filing black lung claims. These statutes of limitations can be complex and have been subject to legal interpretation and changes over time. It is crucial to seek legal counsel to understand the applicable time limits in a specific case.
•       Benefits Amount: The amount of compensation awarded in West Virginia varies depending on factors such as the severity of the disease, the miner’s earnings, and the degree of disability.
•       Relationship to Federal Benefits: State benefits are separate from federal benefits. Miners may be eligible for both, but the receipt of one does not automatically guarantee the receipt of the other.
•       Funding: West Virginia has explored various mechanisms to fund its black lung programs, including taxes on coal production.

Recent Legislative Developments

West Virginia’s laws and programs related to black lung benefits can evolve. Recent legislative activity has focused on:

•       Creating a new state-funded Black Lung Program: This program aims to provide additional support to miners, including compensation for pain and suffering.
•       Establishing funding mechanisms: New surtaxes on mining companies and other entities have been proposed to fund the program.
•       Providing tax credits: Claimants receiving benefits under the new state program may be eligible for state personal income tax credits.

Challenges and Considerations

Several challenges and considerations surround black lung benefits in West Virginia:

•       Complexity of the system: Navigating the interplay between federal and state programs, workers’ compensation, and legal requirements can be complex for miners and their families.
•       Medical evidence: Obtaining accurate and compelling medical evidence is crucial for a successful claim. This can be challenging, as black lung disease can be difficult to diagnose in its early stages.
•       Statutes of limitations: The time limits for filing claims can be a barrier for some miners, particularly those who may not have been aware of their condition or the filing deadlines.
•       Funding stability: Ensuring adequate and stable funding for state programs is an ongoing concern.
•       Long-term care: Black lung disease is a progressive and incurable condition, requiring ongoing medical care and support.

Seeking Assistance

Miners in West Virginia who believe they may have black lung disease should:

•       Consult a physician: To obtain a proper diagnosis and medical documentation.
•       Seek legal counsel: An attorney specializing in workers’ compensation and black lung benefits can provide guidance on filing claims and navigating the legal process.
•       Contact the DHHR: For information about state programs and resources.
•       Contact the U.S. Department of Labor: For information about federal Black Lung Benefits.
•       Reach out to Black Lung Clinics: These clinics offer valuable services and support to affected miners.

Free Initial Consultation with an Injury Attorney in Charleston

Bailey, Javins and Carter, L.C., has decided as a law firm that what is happening to coal miners is unforgivable. We understand the physical, emotional and financial struggles coal miners and their families face when dealing with this condition, and we are committed to obtaining the just compensation you deserve. If you believe you have a state or federal black lung claim, please contact us, we are actively reviewing and taking cases. Our experienced and knowledgeable black lung attorneys stand ready to support your claim. View our resources page to learn more.

Contact Bailey, Javins and Carter, L.C. to schedule a free initial consultation about black lung disease/simple coal worker’s pneumoconiosis (CWP).