Longshore and Harbor Worker’s Compensation
- Cases involving aliens and non-U.S. residents can be settled by a lump sum for benefits for permanent disability and death. In such cases, a one-time lump sum payment may be issued by the employer/carrier representing half of the present value of future compensation as determined by the OWCP district director. Medical benefits may not be settled by this lump sum.
- Death benefits may be paid only to the surviving spouse or child or children, or if no surviving spouse or child or children, to dependent parents.
Death benefits are paid at the rate of one-half of the employee’s average weekly earnings to a surviving spouse or one child, or two-thirds of average weekly earnings for two or more eligible survivors up to the current maximum rate of $1,047.16 per week. The Defense Base Act also incorporates the LHWCA’s provision for payment of reasonable funeral expenses.
Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. The LHWCA minimum benefits rate, however, does not apply to DBA claims.
After an injury is at maximum medical improvement the worker is entitled to ongoing permanent or partial benefits or a schedule award for the body part or hearing loss as determined by the Act. These determinations can be complex and a competent attorney must advise you on this aspect.
The injured employee is also entitled to medical treatment by a physician of his/her choice, as the injury may require.
- 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
- 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
- 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
- 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)
If any one of the above criteria is met, all employees engaged in such employment, regardless of nationality are covered under the Act.