---
kind: "section"
citation: "20 C.F.R. § 718.205"
title: "20"
number: "718.205"
heading: "Death due to pneumoconiosis."
url: "https://uscodex.org/cfr/20/718.205"
---

# §718.205. Death due to pneumoconiosis.

- (a) **Benefits are provided to eligible survivors of a miner whose death was due to pneumoconiosis.** In order to receive benefits based on a showing of death due to pneumoconiosis, a claimant must prove that:
  - (1) The miner had pneumoconiosis (see [§ 718.202](/cfr/20/718.202.md));
  - (2) The miner's pneumoconiosis arose out of coal mine employment (see [§ 718.203](/cfr/20/718.203.md)); and
  - (3) **The miner's death was due to pneumoconiosis as provided by this section.**
- (b) Death will be considered to be due to pneumoconiosis if any of the following criteria is met:
  - (1) Where competent medical evidence establishes that pneumoconiosis was the cause of the miner's death, or
  - (2) Where pneumoconiosis was a substantially contributing cause or factor leading to the miner's death or where the death was caused by complications of pneumoconiosis, or
  - (3) Where the presumption set forth at [§ 718.304](/cfr/20/718.304.md) is applicable, or
  - (4) For survivors' claims filed after January 1, 2005, and pending on or after March 23, 2010, where the presumption at [§ 718.305](/cfr/20/718.305.md) is invoked and not rebutted.
  - (5) However, except where the [§ 718.304](/cfr/20/718.304.md) presumption is invoked, survivors are not eligible for benefits where the miner's death was caused by a traumatic injury (including suicide) or the principal cause of death was a medical condition not related to pneumoconiosis, unless the claimant establishes (by proof or presumption) that pneumoconiosis was a substantially contributing cause of death.
  - (6) Pneumoconiosis is a “substantially contributing cause” of a miner's death if it hastens the miner's death.

## Notes

### Amendments

[78 FR 59114, Sept. 25, 2013]

### Source

Source: 65 FR 80045, Dec. 20, 2000, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 934, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 45 FR 13678, Feb. 29, 1980, unless otherwise noted.

### Amendments

[78 FR 59114, Sept. 25, 2013]