ABSTRACT

Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private-Sector Maritime Workers [Updated March 16, 2021]   [open pdf - 1MB]

From the Summary: "The LHWCA [Longshore and Harbor Workers' Compensation Act] pays for all medical care associated with a covered injury or illness. Disability benefits are based on a worker's pre-injury wage, and, unlike comparable state workers' compensation benefits, are adjusted annually to reflect national wage growth. Covered workers with employment-related Coronavirus Disease 2019 (COVID-19) may be eligible for LHWCA benefits but may find it difficult to demonstrate a link between their employment and diagnoses. Section 2014 of H.R. 1319, the American Rescue Plan Act of 2021, as passed by the House of Representatives, would have created a presumption of eligibility for LHWCA benefits for covered workers with COVID-19 and reimbursed their employers or employers' insurance carriers for the costs of these benefits from a newly created Longshore COVID-19 Fund. This legislation would have appropriated from the general fund such sums as necessary to reimburse the Longshore COVID-19 Fund for these reimbursements. The provision creating a presumption of eligibility for LHWCA benefits for covered workers with COVID-19 was not included in the version of H.R. 1319 passed by the Senate or the version that was enacted as P.L. [public law] 117-2."

Report Number:
CRS Report for Congress, R41506
Author:
Publisher:
Date:
2021-03-16
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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