Longshore and Harbor Workers' Compensation
To provide compensation for disability or death resulting from injury, including occupational disease, to eligible private employees.
General information about this opportunity
Last Known Status
Active
Program Number
17.302
Federal Agency/Office
Office of Workers Compensation Program, Department of Labor
Type(s) of Assistance Offered
D - Direct Payments With Unrestricted Use
Program Accomplishments
Fiscal Year 2020 In FY 2020, the Longshore program issued 84% of First Payments of Compensation for non-Defense Base Act cases within 28 days.
Fiscal Year 2021 In FY 2021, the Longshore program oversaw 540 carriers and self-insured employers, including reports of over 59,000 injuries and deaths in the Longshore and Defense Base Acts and payment of approximately $1.321B in total compensation.
Fiscal Year 2022 The Longshore program monitored approximately 545 insurance carriers and self-insured employers that provide workers’ compensation protection. To ensure its stakeholders are well informed, the program maintains notices to workers of their rights under the Longshore Act and important webpages in Spanish, as well as certain webpages related to the Defense Base Act in Arabic. The program also launched new voluntary demographic data submission form and customer experience survey for claimants to help the program better address barriers in the claims process.
Authorization
Longshore and Harbor Workers' Compensation Act as extended, 43 U.S. C 1331; Longshore and Harbor Workers' Compensation Act as extended, Public Law 92-576, 5 U.S.C. 8171., Public Law 92-576, 5 U.S.C. 8171
Longshore and Harbor Workers' Compensation Act as extended, 43 U.S.C. 1331
Who is eligible to apply/benefit from this assistance?
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.
Credentials/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.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is not applicable.
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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.
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.
Deadlines
Contact the headquarters or regional location, as appropriate for application deadlines
Approval/Disapproval Decision Time
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.
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.
Renewals
Not applicable.
How are proposals selected?
Not applicable.
How may assistance be used?
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.
What are the requirements after being awarded this opportunity?
Reporting
Not applicable.
Auditing
Not applicable.
Records
Not applicable.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.
Matching requirements are not applicable to this assistance listing.
MOE requirements are not applicable to this assistance listing.
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. Payments are generally disbursed on a bi-weekly basis.
Who do I contact about this opportunity?
Regional or Local Office
Persons are encouraged to communicate with the Office of Workers' Compensation Programs (OWCP), Division of Federal Employees' Longshore and Harbor Worker's Compensation (DFELHWC). Contact information is available at the following website: https://www.dol.gov/agencies/owcp/dlhwc/lscontac
Headquarters Office
Antonio Rios
Office of Workers' Compensation Programs, Division of Federal Employees' Longshore and Harbor Workers' Compensation, 200 Constitution Avenue NW
Washington, DC 20210 US
DLHWC-PUBLIC@dol.gov
Phone: 202-513-6809
Website Address
https://www.dol.gov/agencies/owcp/dlhwc
Financial Information
Account Identification
16-8130-0-7-601
Obligations
(Direct Payments with Unrestricted Use) FY 22$106,308,000.00; FY 23 est $100,015,000.00; FY 24 est $97,746,000.00; FY 21$100,861,000.00; FY 20$2,000,000.00; FY 18$110,774,000.00; FY 19 est $114,959,000.00; FY 17$111,233,689.00; FY 16$119,491,000.00; -
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 2023, the national average weekly wage is $916.99, with a max of $1,833.98 and a min. of $458.50.
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.
Examples of Funded Projects
Not applicable.