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LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT (LHWCA):

The OWCP administers the LHWCA, which provides for wage loss compensation, medical care benefits, and vocational rehabilitation services to certain maritime employees disabled from work-related injuries that occur in various maritime industries (including a longshore worker or other person in longshore operations, and any harbor worker, including a ship repairer, shipbuilder, and shipbreaker) and for payment of survivor benefits to qualified dependent survivors of such employees if the work injuries causes, or contributes to, the employee’s death due to 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.

 

These benefits are typically paid by the Self-insured employer or by a private insurance company on the employer's behalf. The term "injury" includes occupational diseases, hearing loss and illnesses arising out of employment.

 

Who is covered by the LHWCA:

The LHWCA covers employees in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers. The injuries must occur on the navigable waters of the United States or in the adjoining areas, including piers, docks, terminals, wharves, marine railways and those areas used in loading and unloading vessels. Non-maritime employees may also be covered if they perform their work on navigable water and their injuries occur there.

 

Longshore Act Extensions: 

Congress extended the LHWCA to include other types of employment. Employees covered by these extensions are entitled to the same benefits, and their claims are handled in the same way as Longshore Act claims. Extensions of the LHWCA are as follows:

 

Defense Base Act (DBA) – The DBA covers: 

(1) Work for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; 

(2) Work on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States; 

(3) Work on contracts approved and funded by the U.S. under the Foreign Assistance Act, which among other things provides for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States; and 

(4) Work for American employers providing welfare or similar services outside the United States for the benefit of the Armed Services, e.g. the United Service Organizations (USO).

 

Outer Continental Shelf Lands Act (OCSLA) – The OCSLA covers employees working on the Outer Continental Shelf of the United States in the exploration and development of natural resources, for example, off-shore oil drilling rigs.

 

Non-Appropriated Fund Instrumentalities Act (NAFIA) – The NAFIA covers civilian employees of non-appropriated fund instrumentalities of the Armed Forces (for example, military base exchanges and morale, welfare, and recreational facilities).

 

The LHWCA specifically excludes the following individuals:

 

  • Seamen (masters or members of a crew of any vessel);

  • Employees of the United States government or of any state or foreign government;

  • Employees whose injuries were caused solely by their intoxication; and

  • Employees whose injuries were due to their own willful intention to harm themselves or others.

 

 

REPORTING A NEW INJURY:

 

What you should do if injured on the job:

  • Notify your supervisor or employer representative immediately or as soon as possible.

  • If you require medical attention for your injury, you should obtain treatment as soon as possible.

  • You are entitled to select a physician of your choice to treat the effects of your injury. You should ask your employer for a Form LS–1, Request for Examination and/or Treatment, which authorizes medical treatment. However, in a medical emergency, you may request authorization from your employer or its insurance carrier after obtaining emergency treatment.

 

You must give a written notice of injury to the employer within 30 days of the occurrence of the injury or within 30 days of when you become aware that you have an injury or disability related to the employment. You should use Form LS–201, Notice of Employee's Injury or Death, for this purpose.

 

How to file a claim for compensation:

In addition to the Notice of Injury given to your employer, you must also file a written claim with OWCP within one (1) year after the date of injury; or, if the employer has been voluntarily paying compensation benefits, you should file a written claim within a year of the last payment of compensation. Use Form LS–203, Employee's Claim for Compensation, to file your written claim. If a written claim is not filed with OWCP within the required timeframe, the employer may object and deny compensation benefits should you become disabled due to the injury.

 

In the event of an employee's death, the eligible survivors, or their legal representatives must file Form LS–262, Claim for Death Benefits, with the OWCP within one (1) year after the date of death. OWCP will require additional evidence to support the claim including the marriage certificate and birth certificates of eligible survivors, medical records of the deceased employee, and Form LS–265, Certification of Funeral Expenses.

 

Where to file a Notice of Injury and Claim for Compensation:

If you do not have an OWCP file number and you are filing a new claim, fax the claim form (Form LS–201, Form LS–203 or Form LS–262) to Case Create Fax: (202) 513-6814 (the preferred method), uploaded via the SEAPortal, or send to the address below. This is the address of the Jacksonville DLHWC Office, which is designated as the Central Case Create site for the entire program.

 

U. S. Department of Labor
Office of Workers' Compensation Programs
Division of Longshore and Harbor Workers' Compensation
Charles E. Bennett Federal Building
400 West Bay Street, Suite 63A, Box 28
Jacksonville, FL 32202

 

 

You can use Longshore's Secure Electronic Access Portal (SEAPortal) to electronically upload documents directly to the OWCP case file. 

 

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Alternatively, you can submit documents to their Central Mail Receipt site.

 

OCCUPATIONAL DISEASES:

 

An occupational disease: is an illness or medical condition which develops as a result of exposure to harmful conditions or substances in the workplace, such as pulmonary diseases: asbestosis and mesothelioma (which results from asbestos exposure); auto-immune diseases; skin diseases; or asthma (which may result from exposure to chemicals or other elements involved in industrial processes). Many occupational diseases and conditions have a long latency period and do not become apparent until considerable time elapses after the workplace exposure has occurred.

 

Time allowed to file a claim for occupational injury or illness:

If you suspect you are disabled by an occupational disease, or if a doctor tells you that you need treatment for a medical condition which may have been caused by your employment, you have two (2) years to file a claim. The two years start on the date you first become aware of the relationship between the occupational disease, your disability, and your employment. 

 

TREATING PHYSICIAN:

The employee shall have the right to choose an attending physician authorized by the Secretary to provide medical care. 

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