Assistance Listings

Longshore and Harbor Workers' Compensation

Objectives

To provide compensation for disability or death resulting from injury, including occupational disease, to eligible private employees.

Examples of Funded Projects

Range and Average of Financial Assistance

Compensation for disability is 66 and two-thirds (2/3) percent of average weekly wage. Death benefits to the surviving spouse are 50 percent of the average wages of the deceased, plus 16 and two-thirds (2/3) percent for one or more surviving children, with 66 and two-thirds (2/3) percent limit. Weekly compensation payments are limited to between 50-200 percent of the national average weekly wage. In FY 2024, the national average weekly wage was $999.55, with a max of $1,999.10 and a min. of $499.78.

Accomplishments

Account Identification

16-8130-0-7-601

Types of Assistance

D - Direct Payments with Unrestricted Use

Credentials and Documentation

Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of Nonappropriated Fund Instrumentalities, employees of private employers engaged in work outside the United States under contracts with the United States Government, and others as specified, including survivors of the above. Employees of private concerns in the District of Columbia and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982. Necessary documentation is developed when claim is filed by employee/employer or insurance carrier. The claimant may be required to submit to physical examination. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Applicant Eligibility

Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of Nonappropriated Fund Instrumentalities, employees of private employers engaged in work outside the United States under contracts with the United States Government, and others as specified, including survivors of the above. Employees of private concerns in the District of Columbia and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982. Puerto Rico is not covered by the Longshore and Harbor Workers' Compensation Act.

Beneficiary Eligibility

Longshore workers, harbor workers, and certain other employees engaged in maritime employment on the navigable waters of the United States and adjoining pier and dock areas, employees engaged in activities on the Outer Continental Shelf, employees of nonappropriated fund instrumentalities, employees of private employers engaged in work outside of the United States under contracts with the United States Government, and other as specified, including survivors of the above. Employees of private concerns in the District of Columbia and their survivors are eligible for benefits under an extension of the Act, applicable to injuries or deaths based upon employment events that occurred prior to July 26, 1982. Puerto Rico is not covered by the Longshore and Harbor Workers' Compensation Act.

Length and Time Phasing of Assistance

Injury: The period of total or partial disability, with no monetary limit. Death: Spouse - until death or remarriage; children - until age 18 or to age 23 if qualified as a student as defined in the Act. Employers or their insurance carriers are required to begin compensation within 14 days of (a) knowledge of the injury or death or (b) injured employee's report of loss of wages. Payments are generally disbursed on a bi-weekly basis. Method of awarding/releasing assistance: Payments are generally disbursed on a bi-weekly basis.

Use of Assistance

This program provides income replacement and supplement; schedule awards for the loss of sight or hearing, dismemberment, disfigurement etc., medical expenses (including hospital care); and funeral expenses up to $3,000. Benefits are typically paid by private insurance carriers or self-insured employers.

Deadlines

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Employee or their survivor files written claim for compensation (Form LS-203 or LS-262) to the Office of Workers' Compensation Programs (OWCP). Employer may pay benefits voluntarily.

Criteria for Selecting Proposals

Not Applicable.

Award Procedure

Authority to informally oversee the adjudication of claims under this program rests within the three compensation districts. Claims unresolved on voluntary basis are referred to the Office of Administrative Law Judges for formal hearing under the Administrative Procedure Act. Claim must be filed within one year after (a) the injury or death (two years if injury is an occupational disease which does not immediately result in death or disability), or (b) the last compensation payment. Time begins to run when prudent person should have been aware of relationship between injury or death and employment. For hearing loss claims, time does not begin to run until an audiogram together with a report showing a hearing loss, is given claimant.

Date Range for Approval/Disapproval

If injured, the employee should notify their employer immediately. If the employee needs medical treatment, they should ask their employer for a Form LS-1, which authorizes treatment by a doctor of your choice. The employee should obtain medical treatment as soon as possible and give written notice of their injury within 30 days to their employer on Form LS-201. Notice of death must also be given within 30 days. Note that additional time is provided for certain hearing loss and occupational disease claims; the employee should contact their nearest OWCP district office for additional information regarding these types of claims. The employee should file a written claim for compensation on Form LS-203 within one year after the date of injury or last payment of compensation, whichever is later. A claim for survivor benefits must be filed within one year after the date of death. The time for filing claims in certain occupational disease cases has been extended to two years.

Renewals

Not Applicable.

Appeals

Application for modification of awards must be filed within one year after (a) the last compensation payment, or (b) rejection of a claim by an Administrative Law Judge or District Director Office of Workers' Compensation Programs. Appeal from Administrative Law Judge's decision must be filed within 30 days; Appeals from Benefits Review Board decision must be filed within 60 days.

Policy Requirements

Reports

Audits

Records

Not applicable.

Regulations, Guidelines, and Literature

Longshore and Harbor Workers' Compensation Act, as extended. Copies may be obtained from the Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation, 200 Constitution Ave. NW, Suite S-3229, Washington, DC 20210.

Formula and Matching Requirements

Regional or Local Locations:

Headquarters Office: