WASHINGTON, D.C. – U.S. Sen. Sherrod Brown has introduced the Black Lung Benefits Improvement Act to help miners who have suffered from ‘black lung’ disease and their survivors access the workers compensation they are entitled to receive under the Black Lung Benefits Program. This legislation would ease the burdens preventing miners and their survivors from accessing the totality of their benefits such as lengthy processing times, lack of a legal representative, and inflation.

“Ohio miners put their health at risk to power our country,” said Senator Brown. “They’ve suffered enough. They shouldn’t have to navigate an endless claims process riddled with red tape just to get the benefits they have earned.”

Many coal miners developed pneumoconiosis—commonly referred to as “black lung”—a debilitating and deadly disease caused by the long-term inhalation of coal dust in underground and surface coal mines. In response, Congress established the Black Lung Benefits Act in 1976 to provide monthly compensation and medical coverage for coal miners who develop black lung disease and are totally disabled. The Black Lung Benefits Improvement Act makes needed updates to ensure Congress is fulfilling its commitment to the nation’s coal miners by:

-Restoring lost cost-of-living benefit increases for black lung beneficiaries and ensuring cost-of-living increases are never withheld in the future.

-Helping claimants secure legal representation by providing interim attorney fees if miners prevail at various stages of their claim.

-Allowing miners or their survivors to reopen their cases if they had been denied because of medical interpretations that have subsequently been discredited.

-Prohibiting unethical conduct by attorneys and doctors in the black lung claims process and helping miners review and rebut potentially biased or inaccurate medical evidence developed by coal companies.

Decades ago, Congress established the Black Lung Benefits Act in conjunction with the Federal Coal Mine Health and Safety Act of 1969 to provide monthly compensation and medical coverage for coal miners who develop black lung disease and are totally disabled. A GAO report found that miners often lack the necessary medical and legal resources to develop evidence to prove their claims. The Black Lung Benefits Improvement Act makes needed updates to the Black Lung Benefits Act to ensure Congress is fulfilling its commitment to the Nation’s coal miners. Senators Brown, Casey, Manchin, Kaine and Warner also introduced the Black Lung Benefits Disability Trust Fund Act in 2021 to extend the current black lung excise tax for another ten year period.

In addition to Brown, U.S. Sens. Bob Casey, John Fetterman, Tim Kaine, Mark Warner, and Joe Manchin, and U.S. Rep. Bobby Scott co-sponsored the legislation.

The Black Lung Benefits Improvement Act is endorsed by United Mineworkers, Appalachian Citizens’ Law Center, and Appalachian Voices.