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Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private-Sector Maritime Workers [Updated March 16, 2021]
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."
Library of Congress. Congressional Research Service
Szymendera, Scott
2021-03-16
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Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private-Sector Maritime Workers [Updated May 14, 2020]
From the Introduction: "The Longshore and Harbor Workers' Compensation Act (LHWCA) requires that private-sector firms provide workers' compensation coverage for their employees engaged in longshore, harbor, or other maritime occupations on or adjacent to the navigable waters of the United States. Although the LHWCA program is administered by the Department of Labor (DOL), most benefits are paid either through private insurers or self-insured firms. The LHWCA is a workers' compensation system and not a federal benefits program. Like other workers' compensation systems in the United States, the LHWCA ensures that all covered workers are provided medical and disability benefits in the event they are injured or become ill in the course of their employment, and it provides benefits to the survivors of covered workers who die on the job. In 2017, the LHWCA paid approximately $2.06 billion in cash and medical benefits to injured workers and the families of deceased workers."
Library of Congress. Congressional Research Service
Szymendera, Scott
2020-05-14
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Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private-Sector Maritime Workers [Updated January 23, 2019]
From the Document: "The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal workers' compensation program that covers certain private-sector maritime workers. Firms that employ these workers are required to purchase workers' compensation or self-insure and are responsible for providing medical and disability benefits to covered workers who are injured or become ill on the job and survivors benefits to the families of covered workers who die on the job. The LHWCA is administered by the Department of Labor (DOL), and all benefit costs are paid by employers and their insurance carriers. In 2016, more than $1.4 billion in LHWCA benefits were paid to beneficiaries."
Library of Congress. Congressional Research Service
Szymendera, Scott
2019-01-23
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Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private-Sector Maritime Workers [January 5, 2018]
From the Document: "The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal workers' compensation program that covers certain private-sector maritime workers. Firms that employ these workers are required to purchase workers' compensation or self-insure and are responsible for providing medical and disability benefits to covered workers who are injured or become ill on the job and survivors benefits to the families of covered workers who die on the job. The LHWCA is administered by the Department of Labor (DOL), and all benefit costs are paid by employers and their insurance carriers. In 2015, more than $1.4 billion in LHWCA benefits were paid to beneficiaries. Congress has extended the LHWCA provisions to cover workers outside of the maritime industry, such as overseas government contractors and civilian employees of military post exchanges. As part of the American Recovery and Reinvestment Act of 2009 (ARRA), persons who repair recreational vessels of any size were added to the LHWCA exemption list. In 2011, the DOL implemented this provision; since then, those regulations have proven controversial and numerous bills have been introduced to modify the regulatory definition to increase the number of workers exempted from the LHWCA. The LHWCA 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."
Library of Congress. Congressional Research Service
Szymendera, Scott
2018-01-05
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Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private-Sector Maritime Workers [Updated March 10, 2021]
From the Summary: "The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal workers' compensation program that covers certain private-sector maritime workers. Firms that employ these workers are required to purchase workers' compensation or self-insure and are responsible for providing medical and disability benefits to covered workers who are injured or become ill on the job and survivors' benefits to the families of covered workers who die on the job. The LHWCA is administered by the Department of Labor (DOL), and all benefit costs are paid by employers and their insurance carriers. In 2017, more than $2 billion in LHWCA benefits were paid to beneficiaries."
Library of Congress. Congressional Research Service
Szymendera, Scott
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