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| 17.302 LONGSHORE AND HARBOR WORKERS' COMPENSATION |
| FEDERAL AGENCY |
| OFFICE OF WORKERS' COMPENSATION PROGRAMS, EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR |
| AUTHORIZATION |
| Longshore and Harbor Workers' Compensation Act as extended, Public Laws 92-576, and 98-426; 5 U.S.C. 8171; 33 U.S.C. 901-952; 42 U.S.C. 1651; 42 U.S.C. 1701; 43 U.S.C. 1331. |
| OBJECTIVES |
| To provide compensation for disability or death resulting from injury, including occupational disease, to eligible private employees. |
| TYPES OF ASSISTANCE |
| Direct Payments with Unrestricted Use. |
| 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. Appropriated Federal funds are available in certain cases of permanent total disability, and death. |
| 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 |
| Necessary documentation is developed when claim is filed by employee/employer or insurance carrier. The claimant may be required to submit to physical examination. |
| Preapplication Coordination |
| None. This program is excluded from coverage under E.O. 12372. |
| Application Procedure |
| Employee or his or her survivor files written claim for compensation (Form LS-203 or LS-262) to the local district office of the Office of Workers' Compensation Programs (OWCP). Employer may pay benefits voluntarily. |
| Award Procedure |
| Authority to adjudicate claims informally under this program rests with the District Director in (OWCP) district offices. Claims unresolved on voluntary basis are referred for formal hearing under the Administrative Procedure Act. |
| Deadlines |
| 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. |
| 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. |
| Formula and Matching Requirements |
| Not applicable. |
| 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. |
| Reports |
| Not applicable. |
| Audits |
| Not applicable. |
| Records |
| Not applicable. |
| Account Identification |
| 16-1521-0-1-601. |
| Obligations |
| (Benefits and Administration) FY 07 $149,539; FY 08 est $150,080; and FY 09 est $150,833. |
| 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, plus 16-2/3 percent for one or more surviving children with 66-2/3 percent limit. Average benefit unknown. Weekly compensation payments limited to 200 percent of national average weekly wage. |
| PROGRAM ACCOMPLISHMENTS |
| The program currently receives on average 20,000 new lost time injury claims per year from longshore and harbor workers, District of Columbia workers in private industry, and specified other workers covered by extensions of the Act, or their survivors. While most cases are paid directly by the injured worker's employer or insurance carrier, the program is responsible for initially adjudicating disputed claims for benefits and ensuring that injured workers and their survivors receive the benefits to which they are entitled in a timely manner. |
| 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, Washington, DC 20210. |
| Regional or Local Office |
| Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs. See Appendix IV of the Catalog for addresses and areas of jurisdiction listed under Employment Standards Administration. |
| Headquarters Office |
| Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation, Washington, DC 20210. Telephone: (202) 693-0038. Contact: Michael Niss. |
| Web Site Address |
| http://www.dol.gov |
| RELATED PROGRAMS |
| 57.001, Social Insurance for Railroad Workers. |
| EXAMPLES OF FUNDED PROJECTS |
| Not applicable. |
| CRITERIA FOR SELECTING PROPOSALS |
| Not applicable. |
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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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