(304) 523-2100 Huntington, WV

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736


FAQs Answered by a West Virginia Black Lung Defense Lawyer

For any business currently or potentially facing claims under the Black Lung Benefits Act (BLBA), consultation with an experienced black lung defense lawyer is critical. The businesses at risk are not limited to coal mining operations. Even vendors…

Black Lung Insurance: Benefits and Disadvantages of Self-Insurance

Black lung, or pneumoconiosis, is a medical condition that may result from respiratory exposure to coal dust. Companies that operate coal mines or employ individuals who may be exposed to coal dust on the job are required to obtain black lung…

Estimating Liabilities for Black Lung Claims in West Virginia

When it comes to estimating liabilities for black lung claims in West Virginia (WV), and elsewhere, there seems to be only one consistent factor—the challenges and difficulty involved in determining the likely expense of an individual claim or…

Black Lung Defense in WV: Settlements Could Benefit All

The political and legislative environment around federal black lung claims and benefits is complex and challenging for employers and employees alike. Unlike most claims filed for work-related injuries, federal black lung claims are not eligible for…

How to Self-Insure against Black Lung Claims

As a coal operator, you understand the risks and challenges posed by black lung claims filed by current and former workers. Managing and estimating black lung liabilities can be arduous, and it is important to know what options companies have to…

Legislation Affecting Coal Operators: The Inflation Reduction Act

With inflation reaching levels not seen in decades, the entire country feels a financial squeeze. In an effort to stabilize the economy, the federal government created the Inflation Reduction Act (IRA) of 2022. The act has important implications that…

Attachment of Black Lung Benefits in WV

Employers are generally aware that their employees’ wages can be garnished to pay child support, alimony, and other judgments or debts. However, when a current or former employee is receiving federal benefits, like Social Security or black lung…