For qualifying Longshore Act injuries, employers are required to provide medical treatment, disability payments, and in some cases, job retraining.
For work injuries that result in death, the employer must provide a special class of death benefits to the worker’s surviving dependents.
Medical Care
Longshore injury medical benefits include all medical, surgical, and hospital treatment and other medical supplies and services required to treat the injury, as well as the cost of travel and mileage incidental to such treatment.
Under the Longshore Act, you get one free choice to pick a treating physician. The term “physician” includes doctors of medicine (MD), surgeons, podiatrists, dentists, clinical psych-ologists, optometrists, and osteopathic practi-tioners within the scope of their practice as defined by State law.
Chiropractors are also included only to the extent that their treatment consists of manual manipulation of the spine to correct subluxation (dislocation).
An employee may not choose a physician who is currently not authorized by the Department of Labor to render medical care under the Act. The list of physicians not authorized is available from the local OWCP district office.
In many ways, choosing the right treating physician can be the single most important decision you make during your entire claim. Choose carefully, and if you need help, consult an experienced Longshore Claim attorney immediately.
Disability Compensation
Compensation is paid every two weeks during an employee’s disability because of a work-related injury while receiving active medical care.
Compensation is paid at a lesser rate if the employee is only partially disabled for his regular work.
Disability means inability to earn the same wages earned at the time of injury. Compensation is payable for disabilities that are permanent total, temporary total, permanent partial, or temporary partial.
Permanent Total and Temporary Total Disability
Temporary Total Disability (TTD) is when you are declared by your treating physician to be unable to work during your medical recovery period. Permanent Total Disability is when you are declared to be unable to work indefinitely.
Compensation is two-thirds of the employee’s average weekly wage, subject to a maximum amount. The maximum rate payable for temporary total disability changes each October 1, based on the current National Average Weekly Wage for the affected period.
Compensation for permanent total disability is adjusted each October 1, based on the percentage change in the national average weekly wage from the previous year, subject to a maximum adjustment of 5%.
Permanent Partial Disability
Permanent Partial Disability is when you are declared by your treating physician to have certain permanent disabling work restrictions that restrict your ability to return to your usual occupation.
Compensation is payable for the permanent loss or loss of use of certain parts or functions of the body, such as the loss of the arm, hand, fingers, leg, foot, toes, hearing or vision.
Compensation is payable for a certain number of weeks for each type of scheduled disability as specified in the Act. For example, total loss of use of a foot entitles the employee to 205 weeks of compensation.
Temporary Partial and Non-scheduled Permanent Partial Disability
Temporary Partial Disability (TPD) is when your treating physician places certain restrictions on your ability to work during your medical recovery period.
Non-scheduled Permanent Partial Disability is when you are permanently restricted from certain work activities for non-scheduled injuries, such as those involving the spine, back, and neck.
Compensation is two-thirds of the employee’s weekly wage loss or loss of wage-earning capacity.
Permanent Partial Disability for Retirees
If a worker suffers the onset of a latent occupational disease after retirement, compensation is two-thirds of the National Average Weekly Wage (NAWW) multiplied by the percentage of impairment resulting from the disease.
Rehabilitation
Vocational rehabilitation may include evaluation, testing, counseling, selective placement, and retraining, if the employee is injured and cannot return to the former job. Rehabilitation services may include the cost of tuition, books and supplies.
A maintenance allowance not to exceed $25.00 per week is also provided during retraining. The cost of vocational rehabilitation services is paid by the U. S. Department of Labor. Contact your nearest district office if you are interested in these services.
Death Benefits
Death benefits are paid to a widow or widower or other eligible survivors if the injury causes the employee’s death. Reasonable funeral expenses are paid, up to a maximum of $3,000.
The widow or widower receives 50% of the average weekly wage of the deceased employee for life or until remarriage. Additional compensation is payable – 162/3% of the employee’s average weekly wage – for one or more children.
If children are the sole survivors, 50% of the employee’s average weekly wage is paid on behalf of the first child. Where more than one child is entitled to benefits, a maximum of 662/3% applies, shared equally.
Other Eligible Survivors
These include parents, brothers, sisters, grandparents and grand-children who were dependent on the employee.
Upon remarriage, a widow or widower receives a lump sum payment of compensation covering two years. Benefit payments to children, brothers, sisters, and grandchildren terminate when they reach 18, but may be extended to age 23 if the child or beneficiary is a student. Payments may continue indefinitely if a child remains incapable of self-support due to mental or physical disabilities.
In computing death benefits, the average weekly wage of the deceased shall be considered to have been not less than the national average weekly wage effective at the time of the employee’s death. The total amount of survivor benefits payable in death cases may not exceed the average weekly wage of the deceased or 200% of the national average weekly wage, whichever is less.
