Relief for Survivors of Miners Act of 2025
Sponsored By: Senator Sen. Warner, Mark R. [D-VA]
Introduced
Summary
Would make it easier for survivors to win Black Lung benefits by creating two legal presumptions that tie miners’ deaths or disabilities to pneumoconiosis. It would also restore certain pre-1981 disability language, create a program to pay some attorneys’ fees and unreimbursed medical costs, and require GAO reviews of benefit and payment practices.
Show full summary
- Families and survivors: A miner with at least 10 years of coal mine employment would create a rebuttable presumption that death was due to pneumoconiosis, and a separate rebuttable presumption would cover miners who were totally disabled by the disease in life. These presumptions would apply to claims filed on or after a date five years before enactment and to claims pending on or after enactment.
- Claimants and attorneys: A new program would pay approved attorneys’ fees and unreimbursed medical expenses for qualifying contested claims. Fees may be approved up to $1,500 by a district director and $3,000 by an administrative law judge, with a $4,500 cap per claim for attorneys’ fees and up to $3,000 per claim for medical expenses.
- Coal operators and the Black Lung fund: If a qualifying claim leads to an award, the liable operator must reimburse the fund for any program payments, with enforcement modeled on existing compensation orders.
- Oversight for Congress: The Comptroller General would report within one year on interim benefit payments, adequacy of benefit levels, and the effects of allowing survivors to file subsequent claims, with recommendations to Congress.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Pays legal and medical costs for claimants
If enacted, the Labor Secretary would have to set up a program within 180 days to pay attorneys' fees and unreimbursed medical costs from the Black Lung Disability Trust Fund. You would qualify if your Black Lung claim is contested and has no final order within one year of filing. The program would pay up to $4,500 per qualifying claim for attorneys' fees and up to $3,000 per claim for medical expenses, with district directors and judges able to approve set portions. Payments would not be recouped from you or your lawyer, and if the claim later wins benefits the liable coal operator would have to reimburse the fund.
Restore survivor benefits for miners
If enacted, the bill would restore pre-1981 survivor coverage and ease proof for deaths from pneumoconiosis. It would create a rebuttable presumption that a miner's death was caused by pneumoconiosis if the miner worked at least 10 years in a coal mine, rebuttable only by showing no part of the death was from pneumoconiosis. It would also create a rebuttable presumption when a miner was totally disabled by pneumoconiosis during life, unless an existing irrebuttable presumption already applies. These changes would apply to Part C claims filed on or after the date five years before enactment and to claims pending on enactment.
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Sponsors & CoSponsors
Sponsor
Sen. Warner, Mark R. [D-VA]
VA • D
Cosponsors
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 12/16/2025
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 12/16/2025
Roll Call Votes
No roll call votes available for this bill.
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