Black Lung Benefits: Who Qualifies and How to File

✓ Verified October 05, 2026

Black lung benefits are monthly payments and medical care for coal miners who are totally disabled by black lung disease. The federal program also covers certain survivors of miners whose deaths were caused by the disease. If you worked in or around a coal mine and now struggle to breathe, this guide is for you. It explains who qualifies, what the program pays in 2026, and how to file. It also explains how this program is different from state workers’ comp, and why that matters for your claim.

The short answer: If coal mine work left you totally disabled by lung disease, you may be entitled to federal black lung benefits from the U.S. Department of Labor. In 2026, a miner with no dependents generally receives $793.60 per month, and the amount is higher with dependents. Medical care for the lung disease is also covered. To file, you complete Form CM-911 (miners) or Form CM-912 (survivors). Miners generally must file within 3 years after a doctor tells them they are totally disabled by black lung. Confirm every figure and deadline with the Department of Labor and a licensed attorney before acting.

Who the Black Lung Benefits Covers

The program comes from the federal Black Lung Benefits Act. It is run by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP). The specific office is the Division of Coal Mine Workers’ Compensation (DCMWC). Coverage reaches underground coal miners and surface miners. It also covers many workers who transported or prepared coal at the mine site.

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To qualify, a miner typically must show three things. First, they have pneumoconiosis, which is the medical name for black lung. Second, the disease came from coal mine work. Third, the disease leaves them totally disabled from breathing well enough to do their last coal mine job. However, the law helps long-time miners. For example, a miner with 15 or more years of underground work (or similar dusty surface work) who is totally disabled is presumed to have black lung. This rule appears in 30 U.S.C. § 921.

Survivors can qualify too. In most cases, this means a surviving spouse, a child, or in some cases a parent or sibling who depended on the miner. Survivors of miners who were already receiving lifetime black lung benefits may qualify automatically on certain later-filed claims. Here are the key facts in one place.

Key Fact Details (2026)
Who is covered Coal miners totally disabled by black lung; eligible survivors and dependents
Agency U.S. Department of Labor, OWCP, Division of Coal Mine Workers’ Compensation
Monthly benefit, miner or survivor alone (Part C) $793.60
With 1 dependent $1,190.30
With 2 dependents $1,388.70
With 3 or more dependents $1,587.10
Medical benefits Treatment for black lung, including doctor visits, medicine, oxygen, and hospital care
Miner filing deadline 3 years after a medical finding of total disability due to black lung is shared with the miner
Appeal deadline 30 days to request a hearing after a proposed decision
Key forms CM-911 (miner’s claim), CM-911a (employment history), CM-912 (survivor’s claim)

What the Black Lung Benefits Pays

The program pays two main things: monthly cash payments and medical care. The monthly rate is set by law at 37.5% of a federal GS-2, Step 1 salary. As a result, it usually rises a little each January. According to the Department of Labor’s 2026 rate table, a miner alone receives $793.60 per month. That amount climbs to $1,587.10 with three or more dependents. Older Part B claims approved by Social Security use slightly different figures, such as $793.00 for a primary beneficiary.

Unlike many state systems, these payments are not based on your old wages. Every eligible miner at the same family size typically receives the same amount. There is no schedule award for body parts and no lump-sum settlement table. Monthly black lung benefits generally continue for life once awarded, unless your circumstances change.

Medical coverage pays for treatment of the lung disease and related conditions. In most cases, this includes office visits, prescriptions, breathing equipment, oxygen, and hospital stays. Survivors may receive monthly death benefits at the same rates. Any figures you see elsewhere are illustrative, and every case is different.

How to File and the Deadlines

To file, a miner completes Form CM-911, the Miner’s Claim for Benefits. You also complete Form CM-911a, which lists your coal mine work history. Survivors use Form CM-912. You can file with any DCMWC district office or through the Department of Labor online. Typically, the office then schedules a free complete lung exam for you. The Department of Labor pays for this exam, as explained in 20 CFR Part 725.

Next, the agency names a “responsible operator.” This is usually the coal company that employed you most recently for at least a year. If no company can pay, the Black Lung Disability Trust Fund may pay instead. The district director then issues a proposed decision. Either side can disagree and ask for a hearing before an administrative law judge.

Key deadlines: A miner generally must file within 3 years after a doctor’s finding of total disability due to black lung is communicated to the miner (30 U.S.C. § 932(f)). If you disagree with a proposed decision, you typically have 30 days to request a hearing. After a judge rules, you generally have 30 days to appeal to the Benefits Review Board. You may also ask to modify a decision within one year. Confirm your exact dates with the Department of Labor and a licensed attorney.

Don’t panic if you think time has passed. The law presumes a miner’s claim is filed on time unless the coal company proves otherwise. Also, if a past claim was denied, you may be able to file again if your health has worsened.

How It Differs From State Workers Comp

State workers’ comp is run by each state. It pays a share of lost wages, and amounts change by state. Black lung benefits are different. They are federal, paid at one national rate, and handled by the Department of Labor. You don’t need to prove lost wages. Instead, you need to prove the disease and total disability from breathing problems.

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Some miners may also have a state claim for the same lung disease. However, federal black lung benefits are usually reduced by any state workers’ comp paid for the same condition. As a result, it helps to tell both programs about every claim you have. Social Security retirement benefits generally do not reduce your monthly black lung payment.

Frequently Asked Questions

Do I need to have smoked less to qualify for black lung benefits?

No. Smoking does not automatically disqualify you. The question is whether coal mine dust contributed to your lung disease and disability. Doctors and judges look at all the medical evidence.

Does it cost anything to apply?

No. There is no fee to file, and the Department of Labor pays for your first full lung exam. If you hire an attorney, fees must be approved by the agency or a judge. In most cases, attorneys are paid only if you win.

Can I get help filing my claim?

Yes. DCMWC district offices can answer questions and help with forms. Many coal-mining areas also have federally funded black lung clinics that offer free testing and claim help.

Bottom line: If coal mine dust has taken your breath, you may be entitled to black lung benefits, including $793.60 or more per month in 2026 and covered medical care. Start with Form CM-911 or CM-912, and watch the 3-year filing window and the 30-day appeal deadlines. State workers comp does not apply to these workers; here is who does: the U.S. Department of Labor’s Division of Coal Mine Workers’ Compensation, so confirm your figures and deadlines with that office and a licensed attorney.

Black lung benefits: Quick Recap

If you remember one thing about black lung benefits, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about black lung benefits should be confirmed with the agency before you act on it.

Questions about black lung benefits that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.

See your state’s exact numbers

What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.

Find Your State’s Workers Comp Guide →

Sources & How to Verify

The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.

  • Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
  • U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
  • NCCI: ncci.com — workers’ comp rating and benefit data
  • Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
  • Insurance Information Institute: iii.org — neutral workers’ comp background

Content last reviewed October 2026. If you notice an outdated figure, please contact us.

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