Longshore and Harbor Workers" Compensation
The Department of Labor fosters and promotes the welfare of job seekers, wage earners and retirees by improving their working conditions, advancing their opportunities, protecting their retirement and health benefits and generally protecting worker rights and monitoring national economic measures.
Persons are encouraged to communicate with the district offices of the Office of Workers" Compensation Programs (OWCP), Division of Longshore and Harbor Worker"s Compensation (DLHWC).
Contact information is available at the following website: http://www.dol.gov/owcp/dlhwc/lscontac.htm.
Program Accomplishments
Not Applicable.
Uses and Use Restrictions
This program provides income replacement and supplement; schedule awards for the loss of sight or hearing, dismemberment, disfigurement etc., medical expenses (including hospital care); and funeral expenses up to $3,000.
Benefits are paid by private insurance carriers or self-insured employers.
Eligibility Requirements
Applicant Eligibility
Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of Nonappropriated Fund Instrumentalities, employees of private employers engaged in work outside the United States under contracts with the United States Government, and others as specified, including survivors of the above.
Employees of private concerns in the District of Columbia and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982.
Puerto Rico is not covered by the Longshore and Harbor Workers" Compensation Act.
Beneficiary Eligibility
Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of nonappropriated fund instrumentalities, employees of private employers engaged in work outside of the United States under contracts with the United States Government, and other as specified, including survivors of the above. Employees of private concerns in the District of Columbia and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982. Puerto Rico is not covered by the Longshore and Harbor Workers" Compensation Act.
Credentials/Documentation
Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of Nonappropriated Fund Instrumentalities, employees of private employers engaged in work outside the United States under contracts with the United States Government, and others as specified, including survivors of the above. Employees of private concerns in the District of Columbia and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982. Necessary documentation is developed when claim is filed by employee/employer or insurance carrier. The claimant may be required to submit to physical examination. This program is excluded from coverage under OMB Circular No. A-87.
Aplication and Award Process
Preapplication Coordination
Preapplication coordination is not applicable.
Environmental impact information is not required for this program.
This program is excluded from coverage under E.O.
12372.
Application Procedures
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Employee or his or her survivor files written claim for compensation (Form LS-203 or LS-262) to the Office of Workers" Compensation Programs (OWCP). Employer may pay benefits voluntarily.
Award Procedures
Authority to informally oversee the adjudication of claims under this program rests with the District Director in (OWCP) district offices. Claims unresolved on voluntary basis are referred to the Office of Administrative Law Judges for formal hearing under the Administrative Procedure Act. Claim must be filed within one year after (a) the injury or death (2 years if injury is an occupational disease which does not immediately result in death or disability), or (b) the last compensation payment. Time begins to run when prudent person should have been aware of relationship between injury or death and employment. For hearing loss claims, time does not begin to run until an audiogram together with a report showing a hearing loss, is given claimant.
Deadlines
Contact the headquarters or regional office, as appropriate, for application deadlines.
Authorization
Longshore and Harbor Workers" Compensation Act as extended, Public Law 92-576, 5 U.S.C 8171; Longshore and Harbor Workers" Compensation Act as extended, 43 U.S.C 1331.
Range of Approval/Disapproval Time
Insurance carrier or self-insured employer must pay compensation after 14 days of having knowledge of an injury causing disability or death, or controvert claim.
Appeals
Application for modification of awards must be filed within 1 year after (a) the last compensation payment, or (b) rejection of a claim by an Administrative Law Judge or District Director Office of Workers" Compensation Programs. Appeal from Administrative Law Judge"s decision must be filed within 30 days; Appeals from Benefits Review Board decision must be filed within 60 days.
Renewals
Not Applicable.
Assistance Considerations
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Injury: The period of total or partial disability, with no monetary limit. Death: Spouse - until death or remarriage; children - until age 18 or to age 23 if qualified as a student as defined in the Act. Employers or their insurance carriers are required to begin compensation within 14 days of (a) knowledge of the injury or death or (b) injured employee"s report of loss of wages. Payments are generally disbursed on a bi-weekly basis. See the following for information on how assistance is awarded/released: Payments are generally disbursed on a bi-weekly basis.
Post Assistance Requirements
Reports
Not Applicable.
Audits
Not Applicable.
Records
Not applicable.
Financial Information
Account Identification
16-1521-0-1-601.
Obigations
(Direct Payments with Unrestricted Use) FY 12 $132,481,000; FY 13 est $138,210,000; and FY 14 est $137,665,000
Range and Average of Financial Assistance
Disability - 66-2/3 percent of average weekly wage; death benefits 50 percent average wages of deceased to such widow or widower, plau 16-2/3 percentfor one or more surviving children with 66-2/3 percent limit. Average benefit unknown. Weekly compensation payments limited to between 50-200 percent of national average weekly wage.
Regulations, Guidelines, and Literature
Longshore and Harbor Workers" Compensation Act, as extended. Copies may be obtained from the Office of Workers" Compensation Programs, Division of Longshore and Harbor Workers" Compensation, 200 Constitution Ave. NW, Suite C-4315, Washington, DC 20210.
Information Contacts
Regional or Local Office
None. Persons are encouraged to communicate with the district offices of the Office of Workers" Compensation Programs (OWCP), Division of Longshore and Harbor Worker"s Compensation (DLHWC). Contact information is available at the following website: http://www.dol.gov/owcp/dlhwc/lscontac.htm.
Headquarters Office
Antonio Rios Office of Workers" Compensation Programs, Division of Longshore and Harbor Workers" Compensation, 200 Constitution Avenue NW, Washington, District of Columbia 20210 Email: DLHWC-PUBLIC@dol.gov Phone: (202) 693-0038.
Criteria for Selecting Proposals
Not Applicable.
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