# SSR 72-42: SSR 72-42: FEDERAL COAL MINE HEALTH AND SAFETY ACT -- SECTION 413(c) -- (30 U.S.C. 923(c)). -- FUTILITY OF FILING STATE WORKMEN'S COMPENSATION CLAIM WHERE BENEFITS ARE RECEIVED UNDER RAILROAD RETIREMENT ACT OR FEDERAL EMPLOYERS LIABILITY ACT

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_42

## Section

- **Citation:** SSR 72-42
- **Heading:** SSR 72-42: FEDERAL COAL MINE HEALTH AND SAFETY ACT -- SECTION 413(c) -- (30 U.S.C. 923(c)). -- FUTILITY OF FILING STATE WORKMEN'S COMPENSATION CLAIM WHERE BENEFITS ARE RECEIVED UNDER RAILROAD RETIREMENT ACT OR FEDERAL EMPLOYERS LIABILITY ACT
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / DI / Black Lung Benefits / SSR 72-42

## Text

20 CFR 410.215

SSR 72-42

A question has been raised as to whether the receipt of benefits from the
Railroad Retirement Board by a career railroad employee on account of
pneumoconiosis would provide a basis for determining that it would be
"futile" for such employee to file a State claim for workmen's
compensation within the meaning of section 413(c) of the Federal Coal Mine
Health and Safety Act of 1969.

Section 413(c) of that Act (30 U.S.C. 923(c)) provides that:

In adjudicating a claim for workmen's compensation under the laws of the
State of Pennsylvania, the State workmen's compensation agency agreed that
the claimant was totally disabled by silicosis. It also found, however,
that the claimant was a railroad employee who had been engaged in
interstate commerce during the course of his employment with an interstate
rail carrier. Accordingly, the State workmen's compensation agency found
that the employee was entitled to the protection afforded by the Federal
Employers' Liability Act (45 U.S.C. 51-59) and that in providing for the
compensation of railroad employees who are injured while engaged in
interstate commerce, the latter Act of Congress preempted State
legislation in this field. Accordingly, the State workmen's compensation
agency held that: 1) the claimant's exclusive remedy was the
Federal Employers' Liability Act; 2) the occupational disease act of the
State of Pennsylvania did not apply; and 3) the claimant was therefore not
entitled to benefits under State law. In support of its decision, the
State workmen's compensation agency included a statement that:

There is no question that where the railroad and the employee are engaged
in interstate commerce, the Federal Employers Liability Act supersedes the
laws of the several States insofar as they cover the same field. The
Supreme Court of the United States has had several occasions to speak to
this effect:
t of its decision, the
State workmen's compensation agency included a statement that:

There is no question that where the railroad and the employee are engaged
in interstate commerce, the Federal Employers Liability Act supersedes the
laws of the several States insofar as they cover the same field. The
Supreme Court of the United States has had several occasions to speak to
this effect:

It is evident, therefore, that a railroad employee injured while engaged
in interstate commerce is subject to the Federal Employers Liability Act
to the exclusion of State workmen's compensation
laws. [1] Consequently, in the
absence of some concurrent, nonrailroad employment not subject to the
scope of that Act, it would be "futile" within the meaning of section
413(c) of the Federal Coal Mine Health and Safety Act of 1969, for such an
employee to file a claim under the workmen's compensation laws of his
State.

There is a further question as to whether it would be futile for a
beneficiary under the Railroad Retirement Act to file a State workmen's
compensation claim. This aspect of the inquiry apparently arises from the
State workmen's compensation agency's reference to the Railroad Retirement
Board, quoted above. Although it is not altogether clear, the State
agency's decision might be understood as being based on the view that a
railroad employee's having engaged in interstate commerce and having
become totally disabled by occupational injury or disease, were
prerequisites to being awarded "compensation for total disability" by the
Railroad Retirement Board. Such an assumption, if in fact it existed on
the part of the State agency, would not be correct. The Railroad
Retirement Act of 1937 (45 U.S.C. 228a et seq .) is neither a
workmen's compensation law nor an employer's liability act
e totally disabled by occupational injury or disease, were
prerequisites to being awarded "compensation for total disability" by the
Railroad Retirement Board. Such an assumption, if in fact it existed on
the part of the State agency, would not be correct. The Railroad
Retirement Act of 1937 (45 U.S.C. 228a et seq .) is neither a
workmen's compensation law nor an employer's liability act. Instead, it
provides the type of income maintenance protection to railroad employees
which Title II of the Social Security Act provides to most other
nonrailroad employees, such as benefits during retirement due to
disability or age, and survivors' benefits after the employee's death. In
cases of disability generally, benefits are payable irrespective of the
cause of the disability, and determinations are made on a basis of ability
to engage in "any regular employment" within or without the railroad
industry (45 U.S.C. 288b(a)(5)). The test of disability for this
purpose:

In the case of certain long-time employees with a "current connection
with the railroad industry," however, it is sufficient for the employee to
establish that he is disabled by whatever cause from performing merely his
regular railroad occupation (45 U.S.C. 228b(a)(4)). Also see 20 CFR
208.10-208.17.

The Railroad Retirement Act and the Federal Employers Liability Act are
two completely independent statutes. Legally, benefits under the former
are completely unrelated to the recovery of a judgment for damages under
the latter in a State or Federal court:

Eichel v. New York Central Railroad Co. , 375 U.S. 253, 254, 84
S.Ct. 316, 317 (1963).
228b(a)(4)). Also see 20 CFR
208.10-208.17.

The Railroad Retirement Act and the Federal Employers Liability Act are
two completely independent statutes. Legally, benefits under the former
are completely unrelated to the recovery of a judgment for damages under
the latter in a State or Federal court:

Eichel v. New York Central Railroad Co. , 375 U.S. 253, 254, 84
S.Ct. 316, 317 (1963).

Accordingly, it is held that the award of a disability annuity by
the Railroad Retirement Board does not constitute a determination whether
or not the employee is entitled to the protection afforded by the Federal
Employers Liability Act. The receipt of benefits from the Railroad
Retirement Board by a career railroad employee on account of
pneumoconiosis could not thereby provide a basis for determining that it
would be futile for such an employee to file a State workmen's
compensation claim within the meaning of section 413(c) of the Act. It
could, however, justify a further inquiry into whether the Federal
Employers Liability Act applies to the employee, in which case a basis
could be established for determining whether the filing of such State
claim would be "futile."

[1] This Federal preemption of
matters relating to injuries of railroad employees engaged in interstate
commerce may serve to deny a remedy to such employees. State workmen's
compensation statutes provide for compensation without regard to questions
of fault, such as the employer's negligence. The Federal Employers
Liability Act, however, creates a right in the injured employee only when
the employer is proved to have been negligent. Thus, where a railroad
employee engaged in interstate commerce is injured, but negligence of his
employer is not alleged or proven, the employee cannot recover under the
Federal Employers Liability Act; the latter Act, however, continues to
preclude resort to the State statute, under which a recovery might issue
regardless of fault. See N.Y.C.R. Co. v. Winfield , 244 U.S
been negligent. Thus, where a railroad
employee engaged in interstate commerce is injured, but negligence of his
employer is not alleged or proven, the employee cannot recover under the
Federal Employers Liability Act; the latter Act, however, continues to
preclude resort to the State statute, under which a recovery might issue
regardless of fault. See N.Y.C.R. Co. v. Winfield , 244 U.S. 147, 37
S.Ct. 546 (1916); Mastrandrea v. Pennsylvania R. Co., 132 F.2d 318 (3d
Cir., 1942); Barry v. Reading Co., 147 F.2d 129, 130 (3d Cir. 1944),
cert. denied 324 U.S. 867, 65 S.Ct. 912, rehearing denied 324 U.S. 891, 65
S.Ct. 1022 (1945). For a discussion of the informal, unofficial, and
nonstatutory realities which mitigate the effects of this rule, see 3 J.
Larsen, The Law of Workmen's Compensation §§ 91.76-91.77.

## Nearby sections

- [SSR 71-30 SSR 71-30: SECTIONS 413(a), 413(b), AND 422(d), FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969; SECTIONS 223(a), 223(b), and 224(a), SOCIAL SECURITY ACT -- DISABILITY INSURANCE BENEFITS -- BLACK LUNG BENEFITS -- MONTHLY PAYMENT PERIOD](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_71_30.md)
- [SSR 72-8 SSR 72-8: SECTIONS 413(a), 414(a) and (c). -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 -- CLAIM FOR BLACK LUNG BENEFITS -- FILING AS PREREQUISITE FOR ENTITLEMENT -- PROTECTIVE FILING DATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_8.md)
- [SSR 72-41 SSR 72-41: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 -- SECTION 412(b), (30 U.S.C. 922(b)) -- DISABILITY BENEFITS PAID UNDER STATE WORKMEN'S COMPENSATION LAW AFTER MINER'S DEATH -- PENNSYLVANIA](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_41.md)
- [SSR 72-42 SSR 72-42: FEDERAL COAL MINE HEALTH AND SAFETY ACT -- SECTION 413(c) -- (30 U.S.C. 923(c)). -- FUTILITY OF FILING STATE WORKMEN'S COMPENSATION CLAIM WHERE BENEFITS ARE RECEIVED UNDER RAILROAD RETIREMENT ACT OR FEDERAL EMPLOYERS LIABILITY ACT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_42.md)
- [SSR 72-65 SSR 72-65: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTION 412(b) (30 U.S.C. 922(b)). -- BLACK LUNG BENEFITS -- STATE WORKMEN'S COMPENSATION PAYMENT ON ACCOUNT OF MINER'S DEATH -- REDUCTION INAPPLICABLE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_65.md)
- [SSR 72-66 SSR 72-66: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTION 412(b) (30 U.S.C. 922(b)) -- REDUCTIONS -- STATE WORKMEN'S COMPENSATION DEATH BENEFITS -- KENTUCKY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_66.md)
- [SSR 73-24 SSR 73-24: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTIONS 402(d) AND 411(c) (30 U.S.C. 901) -- CLAIM FOR BLACK LUNG BENEFITS -- SERVICES AS "EMPLOYEE" A PREREQUISITE TO ELIGIBILITY FOR MINER'S BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_24.md)
- [SSR 73-36 SSR 73-36: SECTION 402(f) (30 USC 901) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 AS AMENDED -- MINER'S DEATH RESULTING FROM COAL MINE ACCIDENT WHILE REGULARLY AND GAINFULLY EMPLOYED -- ESTABLISHMENT OF WIDOW'S ENTITLEMENT TO BLACK LUNG BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_36.md)
- [SSR 73-37 SSR 73-37: Rescinded 1979](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_37.md)
- [SSR 73-38 SSR 73-38: Rescinded 1979](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_38.md)
- [SSR 74-32 SSR 74-32: SECTIONS 414(a) and 415(a) (30 U.S.C. 924(a) and 925(a), et seq.) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969 AS AMENDED -- SOCIAL SECURITY ADMINISTRATION JURISDICTION FOR PAYMENT OF PART B MINERS' BLACK LUNG BENEFITS -- WHEN REQUIREMENTS FOR ENTITLEMENT MUST BE MET](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_74_32.md)
- [SSR 74-33 SSR 74-33: SECTION 412(a)(5) (30 U.S.C 901) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- BLACK LUNG BENEFITS -- CONDITIONS FOR ENTITLEMENT FOR SIBLING](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_74_33.md)
- [SSR 75-5 SSR 75-5: SECTIONS 411(b) and 413(b) (30 U.S.C. 921(b) and 923(b)) -- FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- CLAIM FOR BLACK LUNG BENEFITS -- EVALUATION OF CHEST ROENTGENOGRAPHIC (X-RAY) EVIDENCE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_75_5.md)
- [SSR 75-10 SSR 75-10: FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED -- SECTION 414(d) (30 U.S.C. 924(d)). -- EFFECT OF BLACK LUNG "MAINTENANCE OF EFFORT" PROVISION-REDUCTION OF STATE WORKMEN'S COMPENSATION BENEFITS DUE TO RECEIPT OF PERIODIC DISABILITY INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_75_10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_42. Check the current official text before relying on it. Not legal advice.