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Federal Worker's Compensation Claims

The act requires your employer or its insurance company to furnish all medical, surgical, hospital treatment and supplies which are needed because of the injury. (The term injury also includes occupational diseases.) Medical care may be furnished by and under the direction of a physician of your choice, but you must advise your employer of your choice of physician so that the treatment can be authorized. You may not select a physician or medical care provider who is not currently authorized by the department of labor to provide medical care or services under the act. Upon request your employer will show you a list of such physicians and medical care providers.

If you do not lose more than three days from work, have no need for future medical care and did not sustain any permanent injury or disability no particular action is required by you. Your case will be closed.

When an employee loses more than three days from work and has pay loss for more than three days, he/she is entitled to compensation for pay loss at the rate of two-thirds of his/her average weekly wage. The first payment of compensation is due fourteen days after your employer has knowledge of the injury and is to paid semi monthly during the continuance of the disability. If your disability exceeds fourteen days you are also entitled to receive compensation for the first three days of your pay loss. If you lost pay in excess of three days and did not receive a check, contact your employer. Also, please contact this office if you believe your injury has been caused: (1) any permanent disability to your body, or (2) any serious disfigurement to the head, face, neck or other normally exposed areas, which may handicap you in securing or maintaining employment.

If benefits are not provided voluntarily by the employer or the insurance company,  you may wish to file a written claim with this office. To protect your interest, a claim must be filed within one year after receipt by an employee of an audiogram, which the accompanying report thereon, indicating that the employee has suffered a loss of hearing in cases involving occupational disease which does not immediately result in death or disability, a claim may be filed within two years after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have aware,  of the relationship between the employment, the disease, and the death or disability. If compensation payments have been made and you feel you are entitled to additional benefits, a claim must be filed within one year from he date of the last payment. Failure to file a written claim within these time deadlines may result in loss of your right to benefit.

 Please contact this office if you have any questions concerning your entitlement to benefits. 

IMPORTANT NOTICE

Section 31 (A) (1) of the longshore act, 33 U.S.C. 931 (A) (1), provides, as follows: any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this act shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both. 

Notice to employee of compensation rate under the longshore and harbor workers' act, as extended

Injuries between October 1, 2000 and September 30, 2001

Your work-related injury has been reported to this office under one of the laws listed at the bottom of this notice. Your correct compensation rate may be different from that which you have received from the insurance carrier or employer, if the employer is self-insured. 

Under the provisions of the longshore and harbor workers' compensation act and related laws, an injured employee's compensation is based on his or her average weekly wage (AWW) for the year prior to the injury. To estimate your AWW, add all your earnings for the year prior to the injury and divide the total by 52 weeks. This will represent a close approximation of your AWW. You may then estimate your compensation rate by applying your AWW to the chart below; 

If you think you have not received the correct compensation rate, please send a copy of your earnings record, such as W-2 income tax form, or other data for the one-year period immediately prior to your injury, to the address shown on the envelope.

Please E- Mail or contact us by phone.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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