Longshore and Harbor Workers' Compensation

To provide compensation for disability or death resulting from injury, including occupational disease, to eligible private employees.

The mission of the assistance listing is to minimize the impact of land based, maritime employment injuries and deaths on the injured employees and their families by ensuring that workers' compensation benefits are provided promptly and properly under the Longshore and Harbor Workers' Compensation Act, Defense Base Act, Non-Appropriated Fund Instrumentalities Act and the Outer Continental Shelf Lands Act.

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.

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.

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 typically paid by private insurance carriers or self-insured employers.

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.

Authority to informally oversee the adjudication of claims under this program rests within the three compensation districts. 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 (two 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.

Contact the headquarters or regional location, as appropriate for application deadlines.

If injured, the employee should notify their employer immediately. If the employee needs medical treatment, they should ask their employer for a Form LS-1, which authorizes treatment by a doctor of your choice. The employee should obtain medical treatment as soon as possible and give written notice of their injury within 30 days to their employer on Form LS-201. Notice of death must also be given within 30 days. Note that additional time is provided for certain hearing loss and occupational disease claims; the employee should contact their nearest OWCP district office for additional information regarding these types of claims. The employee should file a written claim for compensation on Form LS-203 within one year after the date of injury or last payment of compensation, whichever is later. A claim for survivor benefits must be filed within one year after the date of death. The time for filing claims in certain occupational disease cases has been extended to two years.

Application for modification of awards must be filed within one 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.