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Easier Black Lung Benefits for Miners' Survivors and Legal Fee Assistance.

This law significantly simplifies the process for widows and families of miners to receive benefits when death is caused by Black Lung disease (pneumoconiosis). It establishes a presumption that the death of a miner with at least 10 years of service was disease-related, shifting the burden of proof onto the operator. Crucially, it creates a program to pay attorneys' fees and medical expenses during lengthy contested claims, providing financial relief to families awaiting a final decision.
Key points
Simplified Benefits Access: Establishes a rebuttable presumption that a miner's death was due to Black Lung if they worked for 10+ years, making it easier for survivors to qualify.
Financial Aid for Legal Costs: A new program pays attorneys' fees (up to $4,500) and medical expenses (up to $3,000) for contested claims, easing the financial burden on claimants.
Retroactive Application: The new rules apply to claims filed up to five years before the law's enactment date, provided they are still pending.
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Additional Information
Print number: 118_S_2416
Sponsor: Sen. Warner, Mark R. [D-VA]
Process start date: 2023-07-20