Legal Question in Workers Comp in Virginia

Black lung benefits eligibility for widows and/or dependent children

Can a widow w/child qualify for black lung benefits if a disabled coal miner had received rock dust a few years prior to his death on 12/25/92?The autopsy report showed cause of death as heart failure with lung collapse.I consulted a legal counsel in 1994 and was told that due to heart failure being listed first that I would not qualify.My husband was disabled due to a personal accident,but he was a union worker and qualified for union benefits, which I now receive for myself and our child(13yrs old).If the law has changed since 1994, will you please advise me about any action I may take and refer me to a legal counsel in the area of Roanoke, VA with whom I may consult.Also, I would like to know how


Asked on 12/19/03, 10:13 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Black lung benefits eligibility for widows and/or dependent children

Black Lung compensation benefits is a special category of compensattion benefits which has its own rules and regulations as to who qualifies and who doesn't, and is unrelated to other benefit programs. Therefore, you would be well advised to find legal counsel with special expertise in this area of law who most likely would be practicing somewhere in the coal mining areas of Southwestern Virginia.

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Answered on 12/19/03, 11:09 am


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