What type of lawyer do I need to fight a Federal black Lung award case?

I have been awarded Federal blcak Lung the company i worked for is fighting the award all the docotrs and test say I have it even there doctor so now the co. is taking it to court i can't find a lawyer and I am not sure what kind to search forWhat type of lawyer do I need to fight a Federal black Lung award case?
The statute above is helpful, but you still need to get an attorney to fight this thing. You can't just sit back and expect a judge to award you the money if your old company is fighting the case.





Most personal injury attorneys will work on a contingency plus costs basis. This means that you will pay them some of the ongoing administrative costs associated with your case, such as filing fees and copying costs. The attorney will take his fee out of whatever amount you end up winning. This should not exceed 40% of the total judgment awarded to you.





I'd suggest calling the local bar association or asking around the community for referrals.What type of lawyer do I need to fight a Federal black Lung award case?
First of all...let them start the fight...then you finish it. You are protected by Federal Law so they are barking up a pretty tall tree.





Title IV, Federal Mine Safety and Health Act of 1977, as amended


(30 USC 搂901 et seq.; 20 CFR Parts 718, 722, 725, 726, and 727)





Who is Covered





The Black Lung Benefits Act (BLBA) provides for monthly payments to and medical treatment for coal miners totally disabled from pneumoconiosis (black lung disease) arising from employment in or around the nation's coal mines. The BLBA also provides for augmented payments to miners based on the number of his or her dependents and to certain survivors of miners who died due to or while totally disabled from pneumoconiosis.





Each coal mine operator is required to pay an excise tax, based on the operator's tonnage and price of coal sold, to support payment of benefits to miners under the Act and the cost of administering the Act. In addition, operators must provide for the payment of benefits to miners, either directly or through insurance, when they are the responsible employer of the miners.





For purposes of determining responsibility for paying benefits, a coal mine operator includes: (1) any owner, lessee, or other person who operates, controls, or supervises a coal mine or preparation plant, or (2) any independent contractor performing services or construction at a mine, or (3) companies transporting coal from mines to preparation plants.





Basic Provisions/Requirements





Current and former coal miners (including certain coal transportation and coal mine construction workers who were exposed to coal mine dust), and their surviving dependents, including surviving spouses, orphaned children, and totally dependent parents, brothers, and sisters, may file claims for black lung benefits.





Basic monthly benefits for a totally disabled miner or his or her surviving spouse, as well as for claimants with qualified dependents, can be found at the Department of Labor's Black Lung Home Page. Benefit payments are reduced by the amounts received for pneumoconiosis under state workers' compensation awards and by excess earnings in some cases. Benefits rates are adjusted periodically according to the percentage increase of federal pay rates.





Medical payments are limited to the treatment of conditions directly related to black lung disease, and only totally disabled former miners can qualify for this benefit. The Act covers certain medical, surgical, and other expenses, such as hospital and nursing care, rehabilitation services, and drug and equipment charges.





The Black Lung Disability Trust Fund pays the cost of black lung claims: (1) where the miner's last coal mine employment was before January 1, 1970; or (2) where no responsible coal mine operator has been identified in claims where the miner's last coal employment was after December 31, 1969; or (3) where the responsible coal mine operator has defaulted on the payment of such benefits.





Coal mine operators identified as responsible for claims based on employment after 1970 must provide for the required benefits either directly or through insurance. A tax paid by coal mine operators on each ton sold supports the Trust Fund. The current rate is $1.10 per ton for underground-mined coal and $.55 for surface-mined coal, subject to a cap of 4.4 percent of the sales price.





Coal mine operators may secure payment of benefits for which they are liable either by qualifying as a self-insurer or by obtaining insurance through a commercial insurance carrier or a state agency. Operators must obtain approval from the Department of Labor to become self-insurers. To qualify, they must have been in the business of coal mining for at least three years, demonstrate the ability to service black lung claims and agree to service claims in a timely manner, meet minimum asset requirements, and obtain an indemnity bond or post other security to secure payment of benefits, among other things. Operators may appeal a denial to self-insure to the Department of Labor. When operators obtain commercial insurance, their obligations with regard to payment of benefits, and provision of medical treatment are binding on the insurance carriers.





Coal mine operators are required to begin paying benefits within 30 days of a final determination of their liability for the benefits. Where payment is made from the Trust Fund pending appeal of a claim and final determination, operators must reimburse the Trust Fund.





Employee Rights





If an employee, or his or her survivor, or an employer disagrees with a claim determination by the Division of Coal Mine Workers' Compensation, that party may request a formal hearing before an administrative law judge. The administrative law judge鈥檚 decision may be appealed to the Benefits Review Board, and the Benefits Review Board's decision may be appealed to the U.S. Court of Appeals and finally to the U.S Supreme Court.





Compliance Assistance Available





To obtain additional information, contact the nearest Black Lung district office.





Questions about insurance and self-insurance requirements should be addressed to U.S. Department of Labor, ESA/OWCP/DCMWC, Branch of Standards, Regulations and Procedures, Responsible Operator Section, 200 Constitution Avenue NW, Room N-3464, Washington, D.C. 20210.





For additional compliance assistance, visit the DCMWC鈥檚 Black Lung Home Page or contact the DCMWC by phone at 202-693-0047 or by fax at 202-693-1398.
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