Bill Overview
Title: Black Lung Benefits Improvement Act of 2022
Description: This bill revises requirements for miners' claims for pneumoconiosis (black lung disease) benefits. Specifically, the bill requires the Department of Labor to pay the attorneys' fees of specified parties on a qualifying benefit claim, give a claimant the opportunity to substantiate a claim for benefits through a pulmonary evaluation, authorize a CT (computerized tomography) scan in diagnosing complicated pneumoconiosis, and develop a strategy to reduce delays in adjudication of black lung disease benefits claims. The bill also establishes criteria that a mining operator must meet to self-insure against claims and increases from $1,000 to $25,000 the daily penalty amount that may be assessed against a mining operator that fails to make black lung benefits payments. The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year. The bill prohibits a person from (1) knowingly and willfully making a false statement or misrepresentation in increasing or reducing black lung disease benefits, or (2) threatening or misleading a participant in a proceeding regarding such benefits. Further, the bill revises (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung disease, and (2) payments to such miners. Lastly, the bill provides statutory authority for the Office of Workers' Compensation Programs.
Sponsors: Sen. Casey, Robert P., Jr. [D-PA]
Target Audience
Population: Miners affected by black lung disease
Estimated Size: 50000
- Black lung disease predominantly affects coal miners who have been exposed to coal dust over time.
- According to the International Labour Organization, tens of millions of miners globally may be affected, but specific numbers for black lung disease vary by region and mining prevalence.
- In the United States, black lung disease has been a significant issue, historically affecting tens of thousands of miners.
- Recent statistics suggest there are over 500,000 coal miners globally, with many facing exposure to conditions that could lead to black lung disease.
Reasoning
- The Black Lung Benefits Improvement Act of 2022 primarily targets coal miners who are current or former workers and have been affected by black lung disease due to exposure to coal dust.
- The population most affected by this policy is expected to include older miners, as black lung disease can take years to develop.
- The policy will likely provide direct financial assistance and more efficient medical evaluations to a portion of miners, though due to budget constraints not all affected miners may see significant immediate impacts.
- Some miners may remain unaffected directly if they do not qualify for benefits or if their employers' practices around claims and insurance do not change significantly.
- We can expect to see varying levels of impact based on the health and financial situation of each miner and their ability to navigate the legal and medical claim systems.
Simulated Interviews
Retired coal miner (Harlan County, Kentucky)
Age: 60 | Gender: male
Wellbeing Before Policy: 3
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- I think the policy could be a huge help for folks like me. Navigating the claims process has been a nightmare.
- The assistance with legal fees and claims is promising. Our community really needs this.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 3 |
| Year 2 | 6 | 3 |
| Year 3 | 7 | 2 |
| Year 5 | 7 | 2 |
| Year 10 | 6 | 1 |
| Year 20 | 5 | 1 |
Current coal miner (Charleston, West Virginia)
Age: 35 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 20.0 years
Commonness: 12/20
Statement of Opinion:
- I hear about the dangers, and while I'm still healthy, it's a relief to know changes are coming to help those in need.
- Hopefully, I won't need these benefits, but knowing they're improving is a load off. Maybe it'll make mining companies more cautious too.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 5 | 5 |
| Year 3 | 5 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Legal aid for miners (Pittsburgh, Pennsylvania)
Age: 45 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- Improving the process for getting benefits is crucial. It's taxing to see clients struggle.
- Legal support funding is a game changer for many miners without resources.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 7 | 4 |
| Year 5 | 7 | 3 |
| Year 10 | 6 | 2 |
| Year 20 | 5 | 2 |
Retired coal miner (Hazard, Kentucky)
Age: 70 | Gender: male
Wellbeing Before Policy: 2
Duration of Impact: 0.0 years
Commonness: 7/20
Statement of Opinion:
- I've lost too much time fighting for what should be my due. This policy might help the future generation, but for me, it's probably too late.
- If only these changes had come sooner. At least others might benefit.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 2 | 2 |
| Year 2 | 2 | 2 |
| Year 3 | 2 | 2 |
| Year 5 | 2 | 2 |
| Year 10 | 2 | 2 |
| Year 20 | 1 | 1 |
Mine safety inspector (Beckley, West Virginia)
Age: 50 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 9/20
Statement of Opinion:
- Any policy that holds mining companies accountable is a step in the right direction.
- I hope this brings about stricter safety practices in the mines.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 7 | 6 |
Healthcare worker in respiratory care (Birmingham, Alabama)
Age: 29 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- This could potentially streamline diagnosing and aiding patients effectively.
- Patients will benefit from the improved access to necessary diagnostic tools and legal backing.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 5 |
Labor union representative (Scranton, Pennsylvania)
Age: 40 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- We need these changes for the health and dignity of our workers.
- Better insurance regulations and quicker claim resolutions are essential.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 8 | 4 |
| Year 20 | 7 | 4 |
Policy analyst focusing on labor rights (Salt Lake City, Utah)
Age: 55 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 12/20
Statement of Opinion:
- This policy is crucial for ethical labor practices but needs careful monitoring over time.
- Financial and regulatory structures must be aligned with miner needs.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 6 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 6 | 3 |
| Year 20 | 6 | 3 |
Employee benefits attorney (Denver, Colorado)
Age: 33 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 9/20
Statement of Opinion:
- I anticipate more equitable outcomes for miners seeking benefits.
- Fully funding legal claims assistance is long overdue.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 5 | 5 |
Current coal miner (Cumberland, Virginia)
Age: 47 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 20.0 years
Commonness: 10/20
Statement of Opinion:
- Any improvement is welcome. Currently, it feels like an uphill battle for fair treatment.
- I hope to benefit before any symptoms surface; it's about peace of mind for my family.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 6 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 7 | 3 |
| Year 20 | 6 | 3 |
Cost Estimates
Year 1: $50000000 (Low: $40000000, High: $60000000)
Year 2: $52000000 (Low: $42000000, High: $62000000)
Year 3: $54080000 (Low: $43680000, High: $64480000)
Year 5: $58352640 (Low: $47193600, High: $69526400)
Year 10: $70945677 (Low: $57362734, High: $84445677)
Year 100: $12446222667 (Low: $10047069987, High: $14845326777)
Key Considerations
- The U.S. coal industry is subject to broader economic shifts which could affect the implementation and impact of the bill.
- Legal and medical costs can have significant variation based on the number of claims filed and successfully processed.
- Programs need continuous evaluation to ensure that benefits are efficiently and justly administered.