Maximum/Minimum Weekly Compensation Rates
10/01/2014 – 09/30/2015 – $1,377.02/$344.26
10/01/2013 – 09/30/2014 – $1,346.68/$336.67
10/01/2012 – 09/30/2013 – $1,325.18/$331.30
10/01/2011 – 09/30/2012 – $1,295.20/$323.80
Types of Disability – Weekly Compensation Rate
Permanent Total (PTD) @ 2/3 x Average Weekly Wage (AWW) (10/1 annual adjustment)
Temporary Total (TTD) @ 2/3 x AWW
Permanent Partial (PPD)
Loss of Wage Earning Capacity (LWEC) @ 2/3 (AWW – post injury WEC)
Scheduled Award (Sec. 8(c)) @ 2/3 x AWW x scheduled # of weeks
Survivor’s – 50% x AWW for one (widow(er) or child) (10/1 annual adjustment)
50% x AWW plus 16 2/3 x AWW for widow(er) and child(ren)
20%-25% for dependent parents, grandparents, brothers, sisters if no widow, widower, or children
Examples of Sec. 8(c) schedule
100% of arm = 213 weeks
100% of leg = 288 weeks
100% hand = 244 weeks
100% foot = 205 weeks
100% loss of hearing – binaural = 200 weeks
Example – 20% permanent impairment to leg = 20% x 288 weeks x weekly compensation rate
Key Reporting Forms
LS-1, Request for Treatment
LS-202, Employer’s First Report of Injury
LS-206, Report of First Payment
LS-207, Notice of Controversion
LS-208, Notice of Final Payment
LS-203, Claim for Compensation
LS-18, Pre-Hearing Statement
LS-200, Report of Earnings
LS-262, Claim for Death Benefits
LS-201, Notice of Injury
Concurrent Jurisdiction
Concurrent States – AL, AK, CA, CT, DE, GA, IL, MA, MI, MN, MO, NC, NY, RI, SC, TN, WV, WI
Exclusive States – FL, HI, IN, KY, LA, ME, MD, MS, NJ, OH, OK, OR, PA, TX, VA, WA
Longshore Act extensions
Defense Base Act – 42 U.S.C. 1651
Outer Continental Shelf Lands Act – 43 U.S.C. 1331
Nonappropriated Fund Instrumentalities Act – 5 U.S.C. 8171
Time Limits for Filing a Claim
Sec. 913(a) – claim must be filed within one year of the awareness of the relationship between the injury or death and employment
Sec. 913(b)(2) – claim for occupational disease must be filed within two years
Delayed Running Times for Filing a Claim
State Act claim being paid – Sec. 13(a) (BRB case law)
Lawsuit terminated – Sec. 913(d)
No Form LS-202 filed by employer – Sec. 930(f)
Incompetent or minor claimant – Sec. 913(c)
While voluntary compensation is being paid, one year from last payment – Sec. 913(a)
No time limit – sec. 49 discrimination claims – Sec. 948(a)
No time limit – claims for medical treatment
Penalties
LS-202, First Report of Injury – must be filed within 10 days – penalty up to $11,000 per occurrence
Late payment of compensation – 10% – Sec. 914(e)
Late payment of compensation under an Award – 20% – Sec. 914(f)
Failure to insure – up to $10,000
Compliance
Sec. 904(a) – every employer must insure the payment of compensation; if subcontractor fails to insure, then contractor liable
Sec. 905(a) – if employer fails to insure, the injured employee has an election of remedies (tort or compensation)
Sec. 932 – USL&H insurance carrier must be authorized by U.S. Department of Labor
Sec. 932 – USL&H self-insurer must be authorized by U.S. Department of Labor
Sec. 938(a) – criminal liability, and joint and several liability for corporate officers
Exclusions
Jones Act crewmembers – Sec. 932(3)(G)
Government employees – federal, state, local
Recreational vessel amendment – check with an AEU expert
1984 amendment exclusions – Secs. 902(3)(A)-(F) – check with an AEU expert
Intoxication – sole cause – Sec. 903(c) – check with an AEU expert
Willful intent to injure or kill – 903(c) – check with an AEU expert
Small vessel facility exemption – Sec. 903(d) – check with an AEU expert
Next – Part Two – What to do if an accident occurs
10/01/2014 – 09/30/2015 – $1,377.02/$344.26
10/01/2013 – 09/30/2014 – $1,346.68/$336.67
10/01/2012 – 09/30/2013 – $1,325.18/$331.30
10/01/2011 – 09/30/2012 – $1,295.20/$323.80
Types of Disability – Weekly Compensation Rate
Permanent Total (PTD) @ 2/3 x Average Weekly Wage (AWW) (10/1 annual adjustment)
Temporary Total (TTD) @ 2/3 x AWW
Permanent Partial (PPD)
Loss of Wage Earning Capacity (LWEC) @ 2/3 (AWW – post injury WEC)
Scheduled Award (Sec. 8(c)) @ 2/3 x AWW x scheduled # of weeks
Survivor’s – 50% x AWW for one (widow(er) or child) (10/1 annual adjustment)
50% x AWW plus 16 2/3 x AWW for widow(er) and child(ren)
20%-25% for dependent parents, grandparents, brothers, sisters if no widow, widower, or children
Examples of Sec. 8(c) schedule
100% of arm = 213 weeks
100% of leg = 288 weeks
100% hand = 244 weeks
100% foot = 205 weeks
100% loss of hearing – binaural = 200 weeks
Example – 20% permanent impairment to leg = 20% x 288 weeks x weekly compensation rate
Key Reporting Forms
LS-1, Request for Treatment
LS-202, Employer’s First Report of Injury
LS-206, Report of First Payment
LS-207, Notice of Controversion
LS-208, Notice of Final Payment
LS-203, Claim for Compensation
LS-18, Pre-Hearing Statement
LS-200, Report of Earnings
LS-262, Claim for Death Benefits
LS-201, Notice of Injury
Concurrent Jurisdiction
Concurrent States – AL, AK, CA, CT, DE, GA, IL, MA, MI, MN, MO, NC, NY, RI, SC, TN, WV, WI
Exclusive States – FL, HI, IN, KY, LA, ME, MD, MS, NJ, OH, OK, OR, PA, TX, VA, WA
Longshore Act extensions
Defense Base Act – 42 U.S.C. 1651
Outer Continental Shelf Lands Act – 43 U.S.C. 1331
Nonappropriated Fund Instrumentalities Act – 5 U.S.C. 8171
Time Limits for Filing a Claim
Sec. 913(a) – claim must be filed within one year of the awareness of the relationship between the injury or death and employment
Sec. 913(b)(2) – claim for occupational disease must be filed within two years
Delayed Running Times for Filing a Claim
State Act claim being paid – Sec. 13(a) (BRB case law)
Lawsuit terminated – Sec. 913(d)
No Form LS-202 filed by employer – Sec. 930(f)
Incompetent or minor claimant – Sec. 913(c)
While voluntary compensation is being paid, one year from last payment – Sec. 913(a)
No time limit – sec. 49 discrimination claims – Sec. 948(a)
No time limit – claims for medical treatment
Penalties
LS-202, First Report of Injury – must be filed within 10 days – penalty up to $11,000 per occurrence
Late payment of compensation – 10% – Sec. 914(e)
Late payment of compensation under an Award – 20% – Sec. 914(f)
Failure to insure – up to $10,000
Compliance
Sec. 904(a) – every employer must insure the payment of compensation; if subcontractor fails to insure, then contractor liable
Sec. 905(a) – if employer fails to insure, the injured employee has an election of remedies (tort or compensation)
Sec. 932 – USL&H insurance carrier must be authorized by U.S. Department of Labor
Sec. 932 – USL&H self-insurer must be authorized by U.S. Department of Labor
Sec. 938(a) – criminal liability, and joint and several liability for corporate officers
Exclusions
Jones Act crewmembers – Sec. 932(3)(G)
Government employees – federal, state, local
Recreational vessel amendment – check with an AEU expert
1984 amendment exclusions – Secs. 902(3)(A)-(F) – check with an AEU expert
Intoxication – sole cause – Sec. 903(c) – check with an AEU expert
Willful intent to injure or kill – 903(c) – check with an AEU expert
Small vessel facility exemption – Sec. 903(d) – check with an AEU expert
Next – Part Two – What to do if an accident occurs
