"Black Lung Disease" (Pneumoconiosis/Anthracosis) is a severe occupational illness affecting workers in coal mines due to prolonged inhalation of coal dust. In Georgia, this issue is particularly acute in the Tkibuli and Chiatura regions, where hundreds of miners work for years in harsh and hazardous conditions. The accumulation of coal dust in the lungs leads to respiratory failure, disability, and reduced life expectancy. Although officially recognized as an occupational pathology, companies often try to avoid paying compensation by citing other factors (e.g., smoking). This service aims to legally protect miners and their families, ensuring they receive decent compensation for irreversible health damage.
What does this service cover?
Legal services related to Black Lung claims include:
- Medical Verification: Collecting and analyzing medical documentation (X-rays, CT scans, spirometry) confirming the diagnosis of pneumoconiosis.
- Employment Verification: Gathering evidence that the individual worked for years in a dusty environment (mines) without adequate protective equipment or under ineffective safety measures.
- Establishing Company Liability: Identifying violations of labor safety norms by the employer (faulty ventilation, lack of respirators).
- Social Benefits Claims: Assisting in obtaining state social packages and disability status.
- Litigation for Compensation: Filing a lawsuit against the mining company for lump-sum compensation and monthly maintenance payments.
Common Real-World Scenarios
Typical cases in the Georgian context:
- Tkibuli Mines: A miner who worked for 20 years extracting coal developed chronic obstructive pulmonary disease. The company refuses compensation, claiming he was a smoker. The lawyer proves coal dust was the primary factor.
- Retired Miners: Symptoms often appear after retirement. Lawyers help former employees claim compensation retrospectively.
- Deceased Miner's Family: A miner died from respiratory failure. The family has the right to claim compensation for loss of the breadwinner if the link to occupational disease is proven.
Georgian Legal Framework
Georgia enforces the Law on Labor Safety and government decrees regarding heavy, harmful, and hazardous work. Pneumoconiosis is listed in the official register of occupational diseases. Under the Civil Code of Georgia, the employer, as the owner of a source of increased danger (the mine), is liable to compensate for health damage unless force majeure is proven. The burden of proof often lies with the employer to show they provided a safe environment.
Process: How does a specialist work?
The lawyer first consults an occupational pathologist for an accurate diagnosis. Then, employment records are retrieved from archives. The specialist negotiates with the company and trade unions. If the company refuses voluntary compensation, the case goes to court. Medical expertise is involved to confirm the degree of lost working capacity (%).
Why Legal.ge?
Defending miners' rights requires specific knowledge and courage, as defendants are often large industrial giants. On Legal.ge, you will find lawyers familiar with the mining sector's specifics and experienced in occupational disease cases. They will help you receive fair compensation for your hard labor and lost health.
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