The United States Constitution establishes federalism as our country’s form of government. With federalism, the national (federal) and state governments divide power, with the national government controlling some things and state governments controlling others.
Workers compensation is a prime example of federalism in action. This multijurisdictional system consists of several federal and state laws that grant or limit the rights and remedies of workers who suffer personal injuries or develop chronic diseases related to workplace exposures. For example, each state, the District of Columbia (D.C.), the U.S. Virgin Islands, and Puerto Rico has a unique system for covering medical and paying for lost wages and permanent impairment due to occupational injuries, diseases, and deaths. In addition, multiple federal statutes apply to injured workers in specific situations.
Both federal and state law can apply to an occupational injury claim, depending on the facts.
So, if you are trying to decide if workers comp is state or federal, the answer is both. But whether a state or federal law controls your workers comp claim depends on who you work for and your physical location when injured.
Keep reading to learn more about whether you have a state workers comp claim or whether a federal statute governing injured workers provides coverage.
Then, call 804-251-1620 or complete this form to see if my law firm will accept representation in your case. We have negotiated millions of dollars in workers compensation settlements for injured employees and their families.
In most cases, one or more state workers comp laws will apply if you suffer an injury or develop a disease while working for a private employer or a state or local government entity.
Generally, you will file a claim under the workers comp laws of the state where you live, work, or were injured. If these states differ, talk to a workers comp attorney about which state provides the most favorable laws on causation and disability and the most benefits for your injury. State workers comp laws are not uniform. Some states are much better for injured employees than others.
Exceptions to this general rule exist, especially for federal employees and certain classes of private workers. Some injuries fall under federal programs or laws rather than state systems.
The following section discusses these other federal statutes and programs.
In addition to state-run programs, several federal statutes provide workers compensation coverage or civil causes of action for specific categories of employees.
Below are key federal statutes to know.
Ask your attorney if you have a potential claim under one of these statutes, even if you have confirmed that a state workers comp law offers benefits in your case. You may have multiple remedies.
The Black Lung Benefits Act is a federal law that protects coal miners disabled by black lung disease (pneumoconiosis). This condition stems from inhaling coal dust for an extended period.
In addition to compensation for lost wages, coal miners qualify for medical coverage (including outpatient pulmonary rehabilitation and therapy, home nursing, and home oxygen) and diagnostic testing like pulmonary function studies, chest x-rays, physical examinations, and arterial blood gas studies.
The Defense Base Act is a federal statute protecting civilian employees injured while working overseas on United States military bases or government contracts for national defense (military operations) or public works (construction).
The EEOICPA pays benefits to current or former Department of Energy (DOE) employees or contractors who worked at covered facilities and contracted specific illnesses from radiation exposure (radiogenic cancer, beryllium disease, or chronic silicosis).
The Federal Employees’ Compensation Act (FECA) covers federal employees injured or killed while performing their job duties. Available benefits include wage loss payments for total or partial disability, compensation for permanent loss (amputation) or loss of use of specific body parts, medical treatment, vocational rehabilitation, and survivors’ benefits.
The U.S. Department of Labor’s Office of Workers Compensation Programs (OWCP) administers FECA claims. Learn more here.
The Federal Employers’ Liability Act (FELA) allows railroad workers to file a civil action in tort if injured due to the railroad carrier’s negligence (in whole or in part).
The damages available in personal injury claims, including pain and suffering, are also available in FELA actions.
FELA is a comparative negligence statute. An injured railroad employee’s contributory negligence is not a complete bar to recovering damages.
Like the FELA in construction and interpretation, the Jones Act is a maritime law that allows seamen injured on board a vessel (ship, boat, etc.) to bring a civil action for personal injuries and damages against their employer and vessel owner.
This federal statute imposes an absolute duty on railroads to keep their locomotives and boilers safe and defect-free.
Injury or death from a locomotive boiler or appurtenances results in a cause of action under this federal law.
In some situations, an injured railroad worker may file a lawsuit alleging causes of action under the FELA and the Locomotive and Boiler Inspection Act.
The LHWCA is another program administered by the OWCP.
It covers maritime employees, including longshore workers, harbor workers, ship repairers, shipbuilders, shipbreakers, and other employees injured while working on the navigable waters of the United States or in adjoining areas used to load, unload, repair, or build a ship.
We are familiar with successfully resolving LHWCA claims. Many Virginians work in shipyards in Hampton Roads (Newport News, Norfolk, Portsmouth, etc.).
Although not a federal law explicitly for injured workers, Medicare provides health insurance coverage if you are 65 or older or if your work injury or occupational disease renders you disabled under the Social Security Act.
Under the Medicare Secondary Payer Act, you and the defendants must consider Medicare’s interests before settling a personal injury or workers comp case under federal or state law.
While not a workers comp law or one providing a private cause of action against employers for unsafe work conditions, the Occupational Safety and Health Act establishes standards to ensure workplace safety and eliminate or minimize risks from exposure to toxic chemicals, loud noises, extreme temperatures, unsanitary conditions, and other job-related hazards.
You can use a company’s violation of an OSH standard and OSHA citation (fine) to prove negligence in a third-party lawsuit for bodily injuries.
The Outer Continental Shelf Lands Act extends the Longshore and Harbor Workers Compensation Act coverage to employees injured while working on the outer continental shelf to explore and develop natural resources (oil, gas, etc.).
The Public Vessels Act allows injured people to sue the U.S. Government for harm caused by or on a government-owned vessel.
The Radiation Exposure Compensation Act permits lump sum payments to uranium miners, millers, ore transporters, and onsite participants who contracted specific diseases (mainly cancers and lung/respiratory conditions) from exposure to atmospheric nuclear weapons testing or uranium industry employment.
The law caps the awards at $100,000 for uranium industry employees and $75,000 for onsite participants.
This federal law mandates using specific safety devices and appliances on railroad locomotives and cars. Required appliances include automatic couplers, air brakes, footboards, and grab irons on all trains.
You may recover damages if you suffer an injury while working for a non-compliant train.
An occupational injury or illness may leave you unable to return to your pre-injury job.
The Social Security Act establishes two programs – SSDI and SSI – that provide medical and financial help to those who are unable to work because of a disability.
You may qualify for Social Security disability benefits if the Social Security Administration (SSA) finds you cannot perform your past relevant work or other work that exists in significant numbers based on your age, education, and past work experience.
The nuances of each federal or state law that may provide compensation or benefits to injured employees are too numerous to discuss in depth in this article. But you can read these frequently asked questions (FAQs) about workers comp to learn more.
It is easier to identify the areas in which state and federal workers comp laws can differ:
If more than one federal or state workers comp law may apply to your injury, evaluate the pros and cons of each law, considering these factors to decide your best remedy.
An injury at work can change your life forever, so you must ensure you are covered and seek compensation under all available state and federal laws protecting injured workers. Each program has its own procedural rules, eligibility requirements, and available benefits, and your best path to recovery may involve pursuing compensation under multiple laws.
Our law firm helps injured employees maximize their recoveries.
And we want to help you.
Contact us today to see if we will accept representation in your federal or state workers comp case.