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
ABOUT THE AUTHOR
John A. (Jack) Martone served for 27 years in the U.S. Department of Labor, Office of Workers’ Compensation Programs, as the Chief, Branch of Insurance, Financial Management, and Assessments and Acting Director, Division of Longshore and Harbor Workers’ Compensation. Jack joined The American Equity Underwriters, Inc. (AEU) in 2006, where he serves as Senior Vice President, AEU Advisory Services and is the moderator of AEU's Longshore Insider.