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U. S. Department of Labor Employment Standards Administration
Office of Workers' Compensation Programs
Pam. LS-560 Revised December 2003
Pam. LS-560 Headings
This Act, administered by the Office of Workers' Compensation Programs
(OWCP), Employment Standards Administration, U. S. Department of Labor, offers
compensation and medical care to employees disabled from injuries that occur on
the navigable waters of the United States, or in adjoining areas customarily
used in loading, unloading, repairing, or building a vessel. The Act also
offers benefits to dependents if the injury causes the employee's death. These
benefits are paid by an insurance company or by an employer who is authorized
by the OWCP to be self-insured. The term "injury" includes occupational disease
arising out of employment.
Employers who employ workers for maritime work or in a
maritime occupation, either full or part-time, on the navigable waters of the
United States or in adjoining waterfront areas.
Employees engaged in maritime work or in maritime
occupation - Including a longshoreman or other person in longshoring
operations, and any harbor worker, including a ship-repairman, ship-builder and
ship-breaker.
Other Employees are covered similarly
through the following Acts:
Defense Base Act , applying to employment by Federal
government contractors outside the continental U.S., Alaska or Hawaii.
Outer Continental Shelf Lands Act, applying to
employees of private industry, conducting certain operations on the Outer
Continental Shelf of the United States.
Non-appropriated Fund Instrumentalities Act, applying
to civilian employees of nonappropriated fund instrumentalities (post
exchanges, etc.) of the Armed Forces.
Excluded by the Longshore Act are the following
individuals if covered by a state workers' compensation law:
Individuals employed exclusively to perform office clerical,
secretarial, security, or data processing work;
Individuals employed by a club, camp, recreational operation,
restaurant, museum, or retail outlet;
Individuals employed by a marina and who are not engaged in
construction, replacement, or expansion of such marina (except for routine
maintenance);
Individuals who (A) are employed by suppliers, transporters, or vendors,
(B) are temporarily doing business on the premises of a maritime employer, and
(C) are not engaged in work normally performed by employees of that employer
covered under this Act;
Aquaculture workers;
Individuals employed to build, repair, or dismantle any recreational
vessel under sixty-five feet in length;
Small vessel workers if exempt by certification of the Secretary of
Labor under certain conditions.
Excluded also are:
A master or member of a crew of any vessel;
Any person engaged by a master to load or unload or repair any small
vessel under eighteen tons net; and
Employees of the United States government or of any state or foreign
government.
Medical Care- Includes all medical, surgical, and
hospital treatment and other medical supplies and services required by the
employment related injury, as well as the cost of travel and mileage incidental
to such treatment.
The employee may obtain medical treatment from a physician of his or her
choice. The term "physician" includes doctors of medicine (MD), surgeons,
podiatrists, dentists, clinical psych-ologists, optometrists, and osteopathic
practi-tioners within the scope of their practice as defined by State law.
Chiropractors are also included only to the extent that their treatment
consists of manual manipulation of the spine to correct subluxation
(dislocation).
An employee may not choose a physician who is currently not authorized
by the Department of Labor to render medical care under the Act. The list of
physicians not authorized is available from the local OWCP district office.
Disability Compensation - Compensation is paid every
two weeks during an employee's total disability because of a work-related
injury.
Compensation is paid at a lesser rate if the employee is only partially
disabled for his regular work.
Disability means inability to earn the same wages earned at the time of
injury. Compensation is payable for disabilities that are permanent total,
temporary total, permanent partial, or temporary partial.
Permanent Total and Temporary Total Disability -
Compensation is two-thirds of the employee's average weekly wage, subject to a
maximum amount. The maximum rate payable for temporary total disability changes
each October 1, based on the current National Average Weekly Wage for the
affected period. Compensation for permanent total disability is adjusted each
October 1, based on the percentage change in the national average weekly wage
from the previous year, subject to a maximum adjustment of 5%.
Permanent Partial Disability- Compensation is payable
for the permanent loss or loss of use of certain parts or functions of the
body, such as the loss of the arm, hand, fingers, leg, foot, toes, hearing or
vision. Compensation is payable for a certain number of weeks for each type of
disability as specified in the Act. For example, total loss of use of a foot
entitles the employee to 205 weeks of compensation.
Temporary Partial and Non-scheduled Permanent Partial
Disability - Compensation is two-thirds of the employee's weekly wage
loss or loss of wage-earning capacity.
Permaent Partial Disability for Retirees - If a worker
suffers the onset of a latent occupational disease after retirement,
compensation is two-thirds of the National Average Weekly Wage (NAWW)
multiplied by the percentage of impairment resulting from the disease.
Rehabilitation - Vocational rehabilitation may include
evaluation, testing, counseling, selective placement, and retraining, if the
employee is injured and cannot return to the former job. Rehabilitation
services may include the cost of tuition, books and supplies. A maintenance
allowance not to exceed $25.00 per week is also provided during retraining. The
cost of vocational rehabilitation services is paid by the U. S. Department of
Labor. Contact your nearest district office if you are interested in these
services.
Death Benefits are paid to a widow or widower or other
eligible survivors if the injury causes the employee's death. Reasonable
funeral expenses are paid, up to a maximum of $3,000.
The widow or widower receives 50% of the average weekly wage of the
deceased employee for life or until remarriage. Additional compensation is
payable - 162/3% of the employee's average weekly wage -
for one or more children.
If children are the sole survivors, 50% of the employee's average weekly
wage is paid on behalf of the first child. Where more than one child is
entitled to benefits, a maximum of 662/3% applies,
shared equally.
Other Eligible Survivors - parents, brothers, sisters,
grandparents and grand-children who were dependent on the employee.
Upon remarriage, a widow or widower receives a lump sum payment of
compensation covering two years. Benefit payments to children, brothers,
sisters, and grandchildren terminate when they reach 18, but may be extended to
age 23 if the child or beneficiary is a student. Payments may continue
indefinitely if a child remains incapable of self-support due to mental or
physical disabilities.
In computing death benefits, the average weekly wage of the deceased
shall be considered to have been not less than the national average weekly wage
effective at the time of the employee's death. The total amount of survivor
benefits payable in death cases may not exceed the average weekly wage of the
deceased or 200% of the national average weekly wage, whichever is less.
Compensation payable under the Act may not exceed 200% of the national
average weekly wage, applicable at the time of injury, or the employee's full
average weekly wage, whichever is less.
No Compensation - is allowed for the first three days
of disability unless disability lasts longer than fourteen days. In such cases
compensation is paid from the first day of wage loss. The first installment of
compensation is due 14 days after the employee begins to lose time from work
due to the injury, or as directed by the OWCP.
The OWCP will help claimants prepare claims, explain benefits and
proceedings under the Act, and advise about medical and vocational
rehabilitation services.
District Offices in the OWCP are located in Boston, New York, Baltimore,
Norfolk, Jacksonville, New Orleans, Houston, San Francisco, Long Beach, Seattle
and Honolulu. Office addresses can be supplied by the employer or the
compensation insurance carrier.
- Notify your employer immediately. If you need
medical treatment, ask your employer for a Form LS-1, which authorizes
treatment by a doctor of your choice
- Obtain medical treatment as soon as possible
- Give written notice of your injury within 30 days to
your employer on Form LS-201. Notice of death must also be given within 30
days. Additional time is provided for certain hearing loss and occupational
disease claims. Contact your nearest OWCP district office for additional
information regarding these types of claims
- File a written claim for compensation 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
If you need additional information about your rights under this law,
access the link provided below (from the official Longshore website) and
contact the appropriate Longshore District
Office.
Claims forms and additional information may be obtained from the
official Longshore website.
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