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Coverage and Benefits
The Longshore and Harbor Workers' Compensation Act provides
compensation benefits to approximately 500,000 workers for disability
due to an injury or an employment-related occupational disease occurring
on the navigable waters of the United States, or in adjoining
shoreside areas, and for certain other classes of workers covered by
extensions of this act.
Benefits Provided
The act provides medical, surgical and hospital services and supplies.
The employee is allowed a choice treating physician, as authorized by
the Secretary of Labor.
For Disability
An injured employee is eligible to receive compensation for disability
at the rate of 66 2/3 percent of the employee's weekly salary, subject to
the specified maximum in effect at the time of injury, for as long as the
effects of the injury continue. Compensation is also available for
permanent impairment of specified limbs, for hearing loss, and to
replace loss of earning capacity.
Minimum and Maximum Compensation
The minimum rate of compensation is 50 percent of the national average
weekly wage or the employee's full wage if less. The maximum
compensation rate is 200 percent of the current national average weekly
wage as determined by the Secretary of Labor.
For Death
Benefits are paid to a widow or widower or other eligible survivors,
if an injury causes death. Funeral expenses are paid up to $3000.
The surviving spouse of a covered employee receives 50 percent of the
average weekly wages of the deceased employee for life or until remarriage.
Awards to dependent siblings, children, and grandchildren end when they
reach age 18, but may be extended if the child is a student or is
incapable of self-support.
Hearing, Review, and Appeal Rights
If an employee or his or her survivors, or an employer or insurance
carrier disagree with a recommendation of the Office of Workers'
Compensation Programs, a formal hearing may be requested before an
administrative law judge. Appeal from an administrative law judge's
decision may be taken to the Benefits Review Board. Subsequent appeal
from the Benefits Review Board may be taken to the U.S. Court of Appeals
and finally to the United States Supreme Court.
Source of Benefit Payments
Employers are responsible for insuring the payment of compensation and
medical benefits to injured employees. This is provided through private
insurance carriers, or by employers who are authorized to become
self-insured. Benefits under this program are not funded by the
government.
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