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Black lung disease, also known as coal workers’ pneumoconiosis (CWP), remains a devastating and life-altering diagnosis for miners and their families. Caused by long-term inhalation of coal dust, this disease can lead to permanent respiratory damage—and in many cases, death. Despite decades of regulations, black lung has made a startling resurgence in recent years, especially in regions like Central Appalachia.

According to the National Institute for Occupational Safety and Health (NIOSH), the rate of black lung among long-tenured underground coal miners has more than doubled since the late 1990s. Even more alarming is the rise in Progressive Massive Fibrosis (PMF)—the most severe and fatal form of the disease. Data shows that over 1,100 new cases of PMF were diagnosed in HRSA Black Lung Clinics between 2018 and 2023, many of which were in miners under the age of 50 or with fewer than 15 years of coal mine employment.

When black lung disease leads to death or severe disability, families may be entitled to significant compensation through state benefits administered under the Virginia Workers’ Compensation Commission. If you or a loved one has been diagnosed with black lung, it’s critical to speak with our Virginia black lung lawyer who understands the medical, legal, and regulatory aspects involved in these cases.

The Law Offices of Mark T. Hurt has over three decades of experience representing injured workers and their families. If you’ve been impacted by black lung disease, call our office at 276-286-1988 today for a free, no-obligation consultation.

The Severity of Black Lung Disease Lead to Death and Fatality Rates

Black lung disease can be fatal, especially in its advanced stages. While early-stage CWP may be manageable with treatment and lifestyle adjustments, severe forms, like Progressive Massive Fibrosis, can cause irreversible lung damage, leading to respiratory failure, cardiovascular complications, and premature death. A Cleveland Clinic analysis estimates that black lung disease can reduce life expectancy by approximately 12.6 years on average.

The Most Severe Forms of Black Lung Disease

The two most serious and life-threatening manifestations of black lung are:

  • Progressive Massive Fibrosis (PMF) – A severe form of lung scarring that progressively worsens, often even after a miner has left the industry and is no longer exposed to coal dust.

But PMF is only part of the story. A growing number of miners are being diagnosed with Dust-Related Diffuse Fibrosis (DDF)—a condition that mimics Idiopathic Pulmonary Fibrosis (IPF) on imaging. On CT scans, DDF is often identified by:

  • Subpleural involvement (affecting the outer edges of the lungs),
  • Reticular (net-like) patterns, and
  • Honeycombing, a hallmark of irreversible fibrosis.

While IPF is usually diagnosed in patients without an occupational history, many miners are mistakenly labeled with IPF rather than DDF—delaying their access to critical black lung benefits and legal remedies.

Why Prompt Evaluation Matters

Miners showing signs of DDF or PMF should be urgently evaluated by a pulmonologist, particularly one experienced in occupational lung diseases. Early diagnosis may allow for interventions that slow disease progression, such as antifibrotic medications like Nintedanib and Pirfenidone. In severe cases, a lung transplant may be the only life-saving option.

And the need for transplants is growing.

Black Lung Disease is a Resurgent Crisis in 2025

According to data presented at the 2025 SWVA Workers’ Compensation Bar Conference:

  • PMF rates are now at historic highs in Central Appalachia.
  • Lung transplants for coal miners with Black Lung are at an all-time high, with 86% of transplant recipients residing in Kentucky, Virginia, or West Virginia.
  • Between 2018 and 2023, 1,177 new cases of PMF were diagnosed in HRSA Black Lung Clinics alone.
  • Many affected miners were under the age of 50 or had less than 15 years of coal mine employment, signaling the emergence of rapidly progressive and early-onset disease.

These alarming trends underscore the urgent need for legal representation and medical advocacy. If you or a loved one is suffering from severe black lung disease, including DDF or PMF, you may be entitled to substantial compensation, medical support, and survivor benefits. Call The Law Offices of Mark T. Hurt to schedule a complimentary consultation to learn more about your legal rights and options.

Black lung disease

Options for Families to File a Survivorship or Death Benefits Claim for Black Lung in Virginia

If a loved one passes away due to complications from black lung disease, surviving family members may be eligible to file a Virginia survivorship or wrongful death benefits claim through the Virginia Workers’ Compensation Commission (VWCC). These claims are designed to provide financial support to dependents of workers who have died from occupational diseases, including pneumoconiosis (black lung).

In order to successfully file a wrongful death claim, family members must typically provide evidence linking the death to the decedent’s employment and black lung disease. This may include medical records, pathology or autopsy reports, and possibly expert testimony. Meeting procedural requirements and deadlines under Virginia law is also critical.

Our knowledgeable legal team is here to help you through every step of this process. Our Virginia black lung lawyer understands the complicated medical and legal standards involved in workers’ compensation death benefit claims. Let us help make sure that your family receives the full benefits to which you are entitled.

Contact us today for a free, confidential consultation.

The Evidence Needed to File a Black Lung Death Benefits or Survivorship Claim

Key evidence in Black Lung claims typically includes:

  • Work history documentation showing significant coal mine exposure.
  • Pulmonary function tests (PFTs) and chest X-rays.
  • “B-reader” evaluations of lung films to confirm the presence of pneumoconiosis.
  • Autopsy or pathology reports, when applicable.
  • Medical records demonstrating progressive respiratory failure or fibrosis.

As experienced workers’ compensation lawyers for coal miners, we can coordinate these records and work with pulmonologists and other experts in seeking to establish a causal link.

Available Compensation in Black Lung Claims

Compensation for Black Lung Disease or CWP may include:

  • Lump sum settlements, like coverage for past and future medical care, including oxygen therapy, pulmonary rehab, medication, and lung transplant surgery.
  • Survivor benefits for a miner’s spouse or dependents.

The settlement amount can vary widely based on the severity of illness, work history, and whether the employer is self-insured or covered under a workers’ compensation insurance . As dedicated personal injury lawyers, we can provide an estimate of the compensation to which you may be entitled.

Black Lung Progresses After Leaving the Mines

One of the most concerning aspects of black lung is that it can continue to worsen long after exposure has ended. A 2022 study in American Journal of Industrial Medicine found that nearly one-third of retired miners had worsening lung X-rays years after leaving the mines, and some did not develop PMF until after retirement.

Why Black Lung Is on the Rise Again

Factors contributing to the resurgence include:

  • Increased exposure to silica dust, especially in thinner coal seams.
  • Inadequate dust control enforcement by regulatory agencies.
  • Elimination or reduction of critical programs like NIOSH’s Coal Workers’ Health Surveillance Program.
  • Underreporting or misdiagnosis of occupational lung disease.

Despite modern technology, coal miners today face some of the highest risks for developing fatal black lung disease in decades.

Ways Our Black Lung Attorney Can Help

Building a successful black lung claim involves detailed medical evidence composed of multiple independent medical exams, state regulations, and strict deadlines. As experienced personal injury lawyers specializing in black lung disease cases, we can:

  • Help file and appeal claims under the Virginia Workers’ Compensation Commission.
  • Pursue third-party negligence claims, if applicable.
  • Coordinate expert evaluations and documentation.
  • Fight for maximum compensation for you and your family.

With over 30 years of legal experience, our personal injury attorneys stand ready to advocate for those suffering from this preventable disease. We’re committed to helping miners and their families seek justice.

Schedule A Free Consultation with a Trusted Black Lung Attorney Today!

Mark T. Hurt is an experienced attorney dedicated to helping coal miners and their families seek compensation for black lung disease. A graduate of Duke Law School, he has successfully represented clients in Virginia, Tennessee, and before the U.S. Supreme Court. With decades of litigation experience and a deep commitment to justice, Mark fights tirelessly for those suffering from work-related illness and injury.

Black lung is not just a relic of the past—it’s an ongoing epidemic. If you or a family member is suffering or has passed away due to black lung disease, don’t wait to seek legal help. Our Virginia black lung lawyer is standing by to take your call.

Call The Law Offices of Mark T. Hurt today at 276-600-2091 for a free consultation.

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