Congressman Morgan McGarvey Introduces Bill to Support the Families of Mine Workers Afflicted by Black Lung Disease

WASHINGTON, D.C. (December 14, 2023) – This week, Congressman Morgan McGarvey (KY-03) introduced the Relief for Survivors of Miners Act alongside Congressman Matt Cartwright (PA-08) and cosponsors Reps. Gerry Connolly (VA-11), Chris Deluzio (PA-17), Dan Kildee (MI-08), Jennifer McClellan (VA-04), Joe Neguse (CO-02), and Abigail Spanberger (VA-07). The bill will make it easier for survivors of miners who died of pneumoconiosis, also known as “black lung disease”, to access benefits through the Black Lung Benefits Act of 1972. An identical bill has been introduced in the Senate by Senator Mark Warner of Virginia.

“Generations of mine workers have worked in dangerous conditions to power America and provide for their families and communities,” said Rep. Morgan McGarvey. “Kentucky was at the forefront of the last energy revolution, but we paid for it with the health and safety of our miners. I’m proud to join with my colleagues Senator Warner and Congressman Cartwright in righting a past wrong, and I’ll continue fighting to ensure these families receive the benefits they’ve more than earned.”

Research has shown that repeated exposure to coal dust and other materials puts miners at risk of developing black lung disease. Inhaling dust on the job scars the lungs, impairs breathing, and other respiratory complications that can have life-altering consequences and lead to disability and death. 

The Black Lung Benefits Act of 1972 makes those disabled by black lung due to occupational exposure eligible for monthly payments and medical benefits. The miner’s surviving dependents are also able to claim benefits in the event of a miner’s death. However, under current law, the burden is on the survivor to prove that black lung substantially contributed to the miner’s death, despite many of these families facing significant grief and economic insecurity. 

The Relief for Survivors of Miners Act would fix these barriers to benefits to ensure families of miners are properly compensated. Specifically, the legislation: 

• Re-establishes a pre-1981 “rebuttable presumption” that a miner who died from respiratory-related conditions had died due to black lung if the miner was previously disabled due to black lung.
• Improves legal representation by paying attorney’s fees and medical expenses incurred during the claim process.
• Requests a Government Accountability Office report on the financial impact of these payments and other ways to improve the claims process and benefits for survivors. 

“Miners from Northeast Pennsylvania – and across the country - have made tremendous sacrifices to power our nation, and the families of miners who lost their lives to black lung disease deserve our support,” said Rep. Cartwright. “This bill is critical to removing the unwarranted red tape preventing families from receiving the benefits they deserve and will expand resources to help families secure the support they need.”

“When a miner dies, their families are left not only grieving and planning a funeral, but they also often lose the benefits they relied on for groceries and paying the bills.” said Vonda Robinson, Vice President of the National Black Lung Association. “The Relief for Survivors of Miners Act will make their lives a little easier, and help to make sure that families are not left in poverty after their loved ones die.”

“The UMWA has been at the forefront of battling black lung disease for more than fifty years,” said Cecil E. Roberts, International President of the United Mine Workers of America. “Enacted by Congress in 1969 as part of the Federal Mine Health and Safety Act, the black lung benefits system has been helpful to thousands of miners and their families. But more needs to be done. The cost of living has dramatically increased since 1969, miners are contracting the disease at younger ages and there are more severe forms of the disease. Congressman McGarvey’s, ‘Relief for Survivors of Miners Act’ would ease burdens families of deceased miners face claiming black lung benefits so these families receive the benefits they deserve.”

“Too many families have to navigate the black lung benefits process alone, often fighting tooth and nail with coal companies to prove that the coal miner died of black lung,” said Quenton King, Federal Legislative Specialist, Appalachian Voices. “This legislation will not only encourage more attorneys to take on black lung cases, but also will level the playing field for dependents by reestablishing a provision that anti-coal miner lawmakers removed in the 1980s. We applaud Rep. McGarvey for his leadership in introducing this bill in the House for the first time, and we urge Congress to swiftly enact this legislation.” 

"Losing a loved one is a difficult experience but widows and survivors of miners who pass from black lung face the task of navigating the stresses of the black lung process,” said Courtney Rhoades Mullines, Black Lung Organizer at the Appalachian Citizens’ Law Center. “This bill, and its matching Senate bill, will make this process more accessible for those that have lost a loved one to this preventable disease. We are thankful for Representative McGarvey’s leadership and being a voice for miners and their families."

The Relief for Survivors of Miners Act is endorsed by Appalachian Citizens’ Law Center, Appalachian Voices, National Black Lung Association, and United Mine Workers.

The bill text can be found HERE.