Compensation Law Workers' Compensation Longshore and Harbor <33, 33 USC Ã,§§§§ 901-950, commonly referred to as "Longshore Act" or "LHWCA" is a compulsory labor compensation scheme applied to 1927 Initially, it provided coverage to injured employees only in US navigable waters. Today, it provides protection to certain maritime workers, including most dockers and maritime workers not covered by the Jones Act. In addition, the Congress has extended LHWCA to include employees of non-appropriation funds (ie certain MWR and AAFES employees), Outer Continental Outer Workers, and US government contractors working in foreign countries under the Defense Basic Act
LHWCA is managed by the Longshore and Ports Workers Compensation Division, a division of the Workers' Office Compensation Program of the United States Department of Labor.
In general, an employee covered by LHWCA is entitled to temporary compensation allowance of two thirds of his average weekly wage while undergoing medical treatment, and then is awarded a scheduled award for injury to the body parts mentioned in 33 USC § 908 (c ) or two-thirds of the loss of wages, or wage earning capacity. More specifically, LHWCA grants workers the right to medical benefits and benefits of reasonable and necessary compensation. There are four categories of disability benefits: total temporary, partly temporary, total permanent, and partial permanent. The difference between the types of benefits depends on whether the injured worker has achieved medical immortality, and whether the injured worker can return to work before the injury, or return to an appropriate alternative form of employment. In certain situations, permanent disability benefits are partially available to pensioners. After the injured worker reaches a permanent state, the worker may request a vocational rehabilitation service from the Offshore Workers Compensation Division and the United Trade Union Port.
In 1972, the Longshore Act was amended to provide additional protection to employers against claims by shipowners, to reduce remedies borne by shipowners to injured workers, and to expand ground coverage for maritime workers. In 1980, the US Supreme Court declared that the Longshore Act did not replace the state workers' compensation law, but supplemented them. (Sun Ship v. Pennsylvania, 447 U.S. 715 (1980)). In 1984, Congress changed the Longshore Act, but did not cancel Sun Ship, so concurrent jurisdiction was maintained.
There are many hazards that can cause serious injury to employees. Severe injuries caused by forklift accidents, cargo dismantling and loading of cargo, oilfield accidents, crane accidents, gas explosions, fire, or crashes caused by negligent third parties may demand compensation under LHWCA.
Video Longshore and Harbor Workers' Compensation Act
See also
- Defense Basic Act - an extension to LHWCA that includes several US workers abroad, including US civilian contractors in Iraq and Afghanistan
- The seafarers' status in admiralty laws of the United States
Maps Longshore and Harbor Workers' Compensation Act
References
External links
- Official Site of the Longshore and Harbor Workers' Compensation Division (DLHWC)
Source of the article : Wikipedia
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