Federal Laws Regarding Worker's Compensation

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When you sustain an injury at work, you are entitled to worker's compensation as per your state's requirements. However, some there are several federal acts that work to protect your rights if you have been injured at particular jobs. These include the Black Lung Benefit Act, the Federal Employees' Compensation Act, the Federal Employer's Liability Act, the Federal Jones Act, and the Longshore and Harbor Worker Compensation Act. This article provides an overview of these acts, and a brief explanation of when injuries may deserve more than just workers' comp.

Black Lung Benefit Act (BLBA). Because of the terrible damages accrued by coal miners in their chosen field, the worker's compensation is federally regulated. Breathing coal dust causes things like pneumoconiosis, or black lung disease. This horrid illness can completely disable a person. For those who are wholly unable to work due to black lung disease, BLBA gives monthly monetary assistance to the victim and the victim's family, as well as providing medical benefits. Because black lung is so deadly, BLBA can also offer payments to the survivors of a miner who died of pneumoconiosis.

Federal Employees' Compensation Act (FECA). Normally, worker's compensation is regulated by the state in which the person holds a job. However, for people employed by the federal government, comp is outlined by FECA. Like most types of worker's comp, FECA allocates wage-loss payments in cases of disability, as well as medical benefits and some rehabilitation. Like BLBA, FECA also details survivor benefits if the wage-earner died and left behind dependents.

Federal Employer's Liability Act (FELA). FELA is specifically for injuries that happen to people who work in the railroad industry. With FELA, railway workers actually have to prove that their injury was caused by negligence on behalf of the railroad company. It is only after negligence has been proven that the injured party can earn full worker's compensation, which is usually more than state-regulated comp.

Federal Jones Act. The Jones Act protects people involved with work in bodies of water, such as a crewman on a boat or someone who works on oil drilling rigs. This applies to both the ocean and inland river workers. Like FELA, injured parties must prove negligence before they can be fully compensated. If found negligent, the employee's company must pay for medical bills and also allowances while the person is unable to work.

Longshore and Harbor Worker Compensation Act (LHWCA). Basically an extension of the Jones Act, the LHWCA provides benefits to workers that are not covered by the Jones Act. This includes compensation for both injury and disease that occur as a result of working on navigable waters.

Usually, a person can obtain financial help if they are injured on a job. However, sometimes injuries are beyond regular, expected occurrences. If someone acts negligently and causes you to sustain an injury, this can count as personal injury where you can sue for more monetary assistance.

For more information on personal injury law, check out the Phoenix personal injury law experts at the law firm of Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. today.

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Joseph Devine has 1 articles online

Joseph Devine

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Federal Laws Regarding Worker's Compensation

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This article was published on 2010/03/29