Black lung is a legal term for a preventable, occupational lung disease. It is more formally known as coal
workers’ pneumoconiosis (CWP), and is caused by prolonged exposure to coal dust. Once coal dust is inhaled
into the body it cannot be removed or discharged. It progressively builds up in the lungs and can lead to
inflammation, fibrosis, even necrosis. There are two forms of the disease: “simple CWP” and “complicated
CWP” (or progressive massive fibrosis).
Black lung is a common affliction among coal miners, both in deep mines and surface mines. It is estimated
that 10% of all miners with 25 years experience develop the disease. It is debilitating and usually fatal.
Approximately 1500 miners die each year from black lung, and because of the insidious nature of the disease,
their deaths are almost always slow and agonizing. There is no cure and no effective medical treatment.
The symptoms are shortness of breath and a constant cough that often yields a black mucus. As these grow
worse, the miner faces the dilemma of whether or not to pursue benefits. Diagnosis is fairly straightforward: (1)
an exposure history to coal dust; (2) a chest X-ray; and (3) the exclusion of other causes.
In 1969, Congress passed the Federal Coal Mine Health and Safety Act which established a
compensation system for victims of black lung. The law also set up standards to reduce coal dust. Two years
later, Congress created the Black Lung Disability Trust Fund and funded it with a federal tax on coal
production. In this law, the coal industry agreed to a system designed to ease the identification of the disease
and to guarantee compensation. If a miner had worked ten years and had medical proof—either an X-ray or
autopsy evidence of severe black lung—then in theory he was to be awarded benefits. Also, a miner still
working with black lung was to be transferred to a job with less exposure to dust without the loss of pay,
benefits, or seniority. As of July 1, 2008, a miner with black lung receives $900 a month from the Trust.
The intent of the new federal law was to sharply reduce exposure to coal dust. Tough standards were soon
in place and miners were offered free chest X-rays every five years. The X-rays showed 4 in 10 miners tested
had some level of black lung. But in the years after the law took effect, new cases of black lung plunged by 90
percent. Doctors and experts predicted the disease would be eradicated. However, by 1995 government studies
began to indicate an increase in the rate of the disease; then an even bigger increase. Just as troublesome, the
disease appeared to progress more rapidly and it was showing up in the lungs of younger miners. Experts share
two theories for this: (1) miners are working longer shifts, and thus are exposed to more dust; and (2) coal
operators are exposing miners to illegal concentrations of coal dust.
Black lung is now epidemic in the coalfields, and the only possible reason is a prolonged exposure to more
dust than the law allows. For decades the coal companies have resisted efforts to strengthen the standards, and
they have been successful.
The law does not allow a miner to pay a lawyer; therefore, a typical miner with a claim must try to
navigate the federal black lung system by himself. The coal industry is harshly resistant to claims, regardless of
the proof offered by the miner. The companies fight the claims with experienced attorneys who skillfully
manipulate the system. For a miner who prevails, his process usually takes about five years.
For Thomas Wilcox, the ordeal lasted twelve years. He was born near Brady, Virginia, in 1925, fought
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