Federal Black Lung Litigation

Semmes’ Federal Black Lung Litigation practice focuses on defending insurance carriers and companies in claims brought under the Black Lung Benefits Act. While most of these matters today are handled by insurers—given that many mining companies have since shuttered, merged, or been acquired—our practice is equipped to represent both insurers and the coal mines named in these claims.

The Black Lung Benefits Act provides compensation to coal miners who have developed pneumoconiosis (black lung disease), silicosis, and other dust-related respiratory illnesses. These claims often arise decades after mine operations have ceased and can range in severity from chronic shortness of breath to large pulmonary masses. Once a claim is filed, the insurance carrier typically steps into the shoes of the original employer to handle the defense.

What sets Semmes apart in this space is our deep institutional knowledge of workers’ compensation and occupational disease claims, bolstered by practice leader Joseph Stepp’s extensive experience in this particular field.

Semmes’ Federal Black Lung Litigation practice defends clients at all stages of adjudication. This includes proceedings before the District Directors of the U.S. Department of Labor’s Office of Workers’ Compensation Programs, the Office of Administrative Law Judges (OALJ), and the Benefits Review Board (BRB). We also are capable of handling appeals before the U.S. Court of Appeals for the Fourth Circuit.

Our team understands the complex regulatory landscape  and issues surrounding black lung claims. We deliver efficient, thorough, and strategic representation that anticipates the unique challenges of defending long-tail claims involving closed businesses, incomplete records, and evolving medical evidence. Clients trust us for our responsiveness, litigation acumen, and ability to navigate the nuances of these high-stakes matters with precision.