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"Benefits" Under the Black Lung Benefits Act

Once eligibility under the Black Lung Benefits Act has been established, a totally disabled miner will receive benefit payments equal to a portion of the monthly pay rate for federal employees. Should the miner succumb to the pneumoconiosis disease, his surviving widow will be entitled to the same monthly benefit payment. If the miner has no surviving widow, his single surviving child will also receive the same monthly benefit amount. The benefit amount increases incrementally with each subsequent surviving child. Finally, if there is no surviving widow and no surviving children, the miner's dependent parents or siblings will receive a monthly benefit amount at the children's rate. The receipt of payments pursuant to workers' compensation or unemployment insurance may reduce these beneficiary amounts.

By way of amendment, in addition to monetary payments, the Act provides for the payment of medical and rehabilitation benefits to the miner. The miner's surviving widow and dependents are not eligible for this benefit. The medical benefits are payable for the life of the miner and include not only treatment and rehabilitative measures but also the reasonable cost of travel to acquire medical attention.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.

   
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