Benefits under the Longshore and Harbor Workers' Compensation Act

Under the Longshore and Harbor Workers' Compensation Act, an employee who has sustained a work-related injury may recover medical benefits for all medical, surgical and hospital treatment and other services required by the injury. In addition, the employee may recover the cost of travel and mileage in connection with such treatment. Generally, the employee may obtain medical treatment from the physician of his or her choice. However, the employee may not choose a physician who is not authorized by the Department of Labor to render medical care under the Act.

Disability Benefits

Under the Act, an employee who has sustained a work-related disability may recover disability benefits every two weeks for the duration of his disability. An employee has sustained a disability if he or she is unable to earn the same wage that he earned at the time of the injury.

The following types of disability benefits are paid: permanent total disability or temporary total disability; permanent partial disability; temporary partial disability or a non-scheduled permanent partial disability; permanent partial disability for retirees; and rehabilitation.

Permanent Total Disability and Temporary Total Disability

An employee who sustains a permanent total disability or a temporary total disability is entitled to two-thirds of his or her average weekly wage, subject to a maximum amount. The maximum amount payable for temporary total disability changes each October 1, based on the current National Average Weekly Wage (NAWW) for the affected period. Compensation for permanent total disability is adjusted each October 1, based on the percentage change in the NAWW from the previous year, subject to a maximum adjustment of 5%.

Permanent Partial Disability

An employee may recover compensation for the permanent loss or loss of use of certain parts or functions of the body, such as the loss of an arm, hand, finger, leg, foot, toe, hearing, or vision. Benefits are payable for a certain number of weeks for each type of disability as specified in the Act.

Temporary Partial Disability and Non-Scheduled Permanent Partial Disability

An employee who sustains a temporary partial disability or a non-scheduled permanent partial disability may recover two-thirds of his weekly wage loss or loss of wage earning capacity.

Permanent Partial Disability for Retirees

An employee who suffers the onset of a latent occupational disease after retirement may recover two-thirds of the NAWW multiplied by the percentage of impairment caused by the disease.

Rehabilitation

An employee may recover compensation for vocational rehabilitation, including evaluation, testing, counseling, selective placement, and retraining, if the employee is injured and cannot return to his or her job. Rehabilitation services may include the cost of tuition, books, and supplies. A maintenance allowance not to exceed $25 per week is available during retraining.

Maximum Compensation and Timing of Payments

Benefits paid under the Act may not exceed 200% of the NAWW applicable at the time of the injury, or the employee's full average weekly wage, whichever is less.

No compensation is permitted for the first three days of the disability unless the disability lasts longer than 14 days. In such cases, compensation is paid from the first day of wage loss. The first installment of benefits is due 14 days after the employee begins to lose time from work due to the injury, or as directed by the Department of Labor.

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