Injured Longshore Workers' Comp

Federal Workers’ Compensation representation for

Longshore and Harbor Workers’ Act (LHWA)

Check our Update page for the latest information on DBA and longshore injury compensation law.

Frequently asked questions:

Division of Longshore and Harbor Workers’ Compensation (DLHWC)

The Longshore and Harbor Workers’ Compensation Act (DLHWC) was established to offer workers’ compensation and medical care to Longshore workers with injuries or occupational diseases sustained on the navigable waters of the United States. DLHWC also applies to injuries that occur in adjoining areas used in the loading, unloading, repairing and building of vessels. The Office of Workers’ Compensation Programs (OWCP), Employment Standards Administration and the U. S. Department of Labor administers the DLHWC. The same legislation covers Defense Base Act and Non-Appropriated funds employees.

If you are injured on the job…

Immediately inform your employer of your injury.

Obtain form LS-1 from your employer. Form LS-1 will authorize you to seek medical treatment from the physician of your choice.

Submit written notice (Form LS-201) of your workplace injury to your employer within 30 days.

A written compensation claim must be filed no more than one year from the date of injury or death, or from the last compensation payment. If an injury or ailment is not immediately apparent an injured worker has 2 years from the date he or she becomes aware that the illness or injury was a result of their employment.

Contact Attorney Alan J. Shapiro for assistance in dealing with your Longshore and Harbor Workers’ Compensation Act claim.

What type of benefits is an injured worker eligible to receive?

The claimant is eligible to receive compensation for all medical, surgical, hospital treatment and travel costs associated with their treatment.

The claimant is eligible to receive disability compensation if they are unable to earn the same wages earned at the time of injury.

An injured worker is eligible to receive vocational rehabilitation services including retraining, counseling and assessment.

What benefits is the family of a worker killed on the job eligible to receive?

Death benefits are paid to eligible survivors if the worker’s death was the result of on the job injury. Funeral expenses will be paid up to $3,000.

The widow or widower of a worker killed on the job is eligible for 50% of the deceased employee’s average weekly income. They will remain eligible for the benefit for life or until remarriage. An additional 16 & 2/3% is paid for one or more children.

Is there a waiting period for compensation?

An injured Longshore, Shipyard or Harbor Worker is eligible to receive their first compensation payment 14 days after they miss work as a result of their injury.

If you have difficulty collecting compensation from OWCP you are invited to contact Attorney Alan J. Shapiro today.
The New Client Inquiry number is 216-991-6890
or email info@injuredfederalworker.comInjured Longshore and Harbor Workers

Federal Workers’ Compensation Attorney Alan J. Shapiro helps the following injured workers to collect workers’ compensation for job related injuries and illness.

~ Longshore workers, Shipyard and Harbor workers;
~ civilian employees of United States military bases (Non-Appropriated funds claims)

These workers face a multitude of workplace dangers. These may include injuries due to unsafe work conditions, repetitive strain injuries, illness due to prolonged exposure to hazardous materials or even death. They and their families deserve adequate workers’ compensation.

A NOTE from Federal Workers’ Compensation Attorney Alan J Shapiro to injured Defense Base Act workers; Non-Appropriated Funds Act workers; and Longshore and Harbor Workers

Longshore and Harbor Workers

Attorney Alan Shapiro attended the Annual Longshore Conference (2011) sponsored by Loyola University New Orleans College of Law in conjunction with the U.S. Department of labor. Some of the topics covered were: medical expense and oversight issues; medical and legal issues in determining the nature and extent of physical impairments under the LHWCA; and factors that impact suitable alternative employment.

A distinguished panel of federal jurists discussed third party tort claims and their interplay with the LHWCA (Longshore and Harbor Workers Compensation Act), including section 905(b) as well as reimbursement under the War Hazards Compensation Act. Two OWCP District Directors and several Administrative Law Judges addressed current issues within both the OALJ (Office of the Administrative Law Judge) and OWCP (Office of Workers' Compensation Program). Practitioners from both the Defense and Claimant Bar discussed significant recent judicial decisions. In short, this was an opportunity to explore the most recent developments in this area of the Law.

DBA & LHWA: Longshore Conference March 2011

Dear Defense Base Act and Longshore Harbor Workers Clients,

You may be interested in some of the information that I learned at the March 2011 Annual Longshore Conference held in New Orleans.

1. The reduction in funding will cause the process to become even slower. The ALJ (Administrative Law Judges) will not be able to travel or at best not as often. There will be a reduction in law clerks so it will take even longer to obtain a decision after a trial. This means to the claimant that he/she may be without any funds for a number of years.

2. The various Wars are coming to an end, or will do so within the next several years. The insurance carriers will try to have as many claims as possible assumed by Office of Workers Compensation Programs under the War Hazards Act. Once your claim goes into OWCP's jurisdiction, it becomes very difficult, if not impossible, to settle.

3. Some of the Insurance Carriers may not survive further economic downturn. They certainly will loose a tremendous amount of revenue from premiums once the contractors cease doing business. A claim may end up in a special fund or a State Guarantee Fund. If, for example, AIG went out of business, all of their claims would become the responsibility of another fund and it will take almost forever to resolve the claim.

4. The Courts are not as favorable to the injured worker as the Benefits Review Board (BRB). If there is a change in administration at the next election, the Agency may also become less favorable to the injured worker.

5. Medicare Set Asides are making settlements almost impossible. If you are receiving Social Security or Social Security Disability, Medicare may want almost the entire settlement. If you are not on Social Security retirement or disability, then the Medicare set aside does not apply.

6. If you are receiving ongoing compensation benefits, you would be wise to discuss a durable power of attorney and other estate planning procedures with a local expert. One of the speakers, John Chamberlain, presented an outstanding discussion about what may happen to claimants receiving long term workers compensation benefits once the case passes to the Special Fund of OWCP. You have to think seriously about Power of Attorney issues.

7. Attorney Roger Levy, a well know Defense Attorney, gave an excellent lecture concerning the War Hazards Act and in fact has written a book about this topic. Again, the Wars will end, and I can not imagine the Insurance Companies being left holding the bag for many thousand claims. It is my guess that somehow the claims will find their way to OWCP

The bottom line is that now is the time to give serious thought to settlement of your Longshore Harbor Worker, Non Appropriated Fund, or Defense Base Act claim. Remember settlements of Federal Workers Compensation cases are prohibited by Law. The Insurance Carriers also want to settle claims because they know that are going to have to clear up their books. It is expensive for them to have ongoing open claims.

Sincerely yours,

Alan J Shapiro