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Workers' Compensation Summary - U.S. LHWCA

The Division of Longshore and Harbor Workers' Compensation (DLHWC) of the U.S Department of Labor is responsible for the administration of the Longshore and Harbor Workers' Compensation Act (LHWCA). The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits available under the LHWCA. See the separate topic for help with acronyms. For further information contact your district Office of Workers' Compensation Programs (OWCP), U.S. Department of Labor office. This information is based on data provided by the U.S. Department of Labor, and is believed current as of May 2010.

LHWCA compensation benefits are adjusted annually, and changes become effective October 1 of each year. The rates shown below are in effect from October 1, 2009 to September 30, 2010.

Type of Law and Insurance Requirements

For employers covered by LHWCA, workers' compensation is compulsory, and no waivers are permitted. There is no state fund. Employers may insure through private carriers or self-insure, but may not insure through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Agricultural workers are covered the same as all other employees.

Coverage of Domestic Employees

Employers are permitted to provide voluntary coverage.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $306.17 (50% of NAWW or worker's actual wage, if less) and the maximum is $1,224.66, 200% of NAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $306.17 (50% of NAWW or worker's actual wage, if less) and the maximum is $1,224.66, 200% of NAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $306.17 (50% of NAWW or worker's actual wage, if less) and the maximum is $1,224.66, 200% of NAWW. For non-scheduled injuries, the maximum period of payments is the duration of disability, and there is no maximum total payable amount.

Disfigurement Benefits

LHWCA covers "Serious facial, head, or neck or exposed areas likely to handicap employment". Benefits are a maximum of $3,500.

Contact Information

U.S. Department of Labor OWCP/DLHWC
Frances Perkins Building, Room C4315
200 Constitution Ave NW
Washington DC 20210

Phone: (202) 693-0038
Fax: (202) 693-1380
TTY: 1-877-889-5627

Internet: http://www.dol.gov/owcp/dlhwc/

Additional Information

A table of National Average Weekly Wages (NAWW), Minimum and Maximum Compensation Rates, and Annual October Increases (Section 10(f)) is available online at:
http://www.dol.gov/owcp/dlhwc/NAWWinfo.htm

Information about the Longshore and Harbor Workers' Compensation Act and its extensions is available online at:
http://www.dol.gov/owcp/dlhwc/LS-560pam.htm

The complete text of the Longshore and Harbor Workers' Compensation Act is available online at:
http://www.dol.gov/owcp/dlhwc/lhwca.htm

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the DLHWC website at:
http://www.dol.gov/owcp/dlhwc/

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