By Nadia Ramlagan
Public News Service
A new federal rule aims to close a loophole allowing coal companies to walk away from their obligations to pay disability benefits and health insurance to miners who worked for them and contracted black lung disease.
The so-called “self-insurance loophole” lets companies dump hundreds of millions of dollars in health liabilities onto the Black Lung Disability Trust Fund, a safety net program riddled with debt and backed up by taxpayer dollars.

Brendan Muckian-Bates, policy and advocacy associate for the Appalachian Citizens Law Center, said the recent merger of coal giants Arch Resources and Consol Energy, both of which have relied heavily on self-insurance, has advocates concerned about how future black lung liabilities will be covered.
“The trust fund that exists currently was not necessarily set up in a way to accommodate this corporate shedding of health care liabilities,” Muckian-Bates explained.
The Labor Department rule now requires companies to put down 100% of their liabilities as collateral, and requires a yearly review process of their self-insurance polices to help ensure adequate resources for benefits are available. A recommendation to create a publicly accessible data portal to make compliance with the new regulation more transparent was not included in the final rule.
Muckian-Bates pointed out black lung can take years to develop and early symptoms typically do not qualify folks for benefits. The condition is full-blown years down the line, in retirement or after a career switch or mine closure. At that point, individuals then have to rely on benefits from their previous employer.
“This new rule ensures that those coal companies who would be responsible for that disability have the collateral necessary to cover their health care needs, as well as their benefit stipends,” Muckian-Bates outlined.
Black lung disability payments to miners have been shrinking. In 2024, the monthly payment for an individual was around $772 a month, or up to around $1,500 a month for households with three or more dependents.