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September 16, 1994
Notice No. 76
NOTICE TO INSURANCE CARRIERS, SELF-INSURED EMPLOYERS UNDER THE
LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, AND OTHER INTERESTED
PERSONS
SUBJECT: Customer Satisfaction Survey Results
This Office recently conducted a customer satisfaction survey
directed to claimants whose cases under the Longshore and Harbor Workers'
Compensation Act (LHWCA) were created during fiscal year 1993. While the
responses to the survey were quite favorable overall, they did show some areas
for improvement in the service provided by employers and insurance carriers.
The two most frequently received comments from claimants were that they did not
receive prompt initial payment of compensation from the employer or insurance
carrier, and that they were not advised at the time of the injury that they had
the right to receive medical treatment from the physician of their injury from
the physician of their choice. As a result, employers and insurance carriers
are reminded of their responsibilities in the following areas:
Section 14 of the LHWCA provides that, unless the employer
controverts its liability under the Act, the employer or insurance carrier
shall promptly pay compensation to the claimant. "Promptly" means that the
first installment of compensation is due by the fourteenth day after the
employer has been notified or has actual knowledge of the injury or death.
(Also see Title 20, Sections 702.231 - 702.233 of the Code of Federal
Regulations.)
Section 7 of the LHWCA provides that the claimant has the right to
choose his or her attending physician to provide medical care under the LHWCA.
It is the responsibility of the employer to advise the injured employee of this
right at the time of injury. (Also see Title 20, Sections 702.401 - 702.406 of
the Code of Federal Regulations.)
In order to help employers meet these responsibilities as well as
comply with the requirements of Section 34 of the LHWCA, employers should
obtain Form LS-241 (for employers who obtain insurance through a carrier) or
LS-242 (for self-insured employers) and post them in conspicuous locations
around there place(s) of business. These forms provide employees with
information concerning choice of physician and prompt payment of compensation
and also advise them of their responsibilities when injured at work. Copies of
the appropriate form(s) may be obtained by contacting the nearest Longshore
district office or by contacting this office at (202) 693-0038.
Joseph F. Olimpio
Director, Division of
Longshore and
Harbor
Workers' Compensation
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