Claims under the Longshore and Harbor Workers’ Compensation Act
According to the Office of Workers’ Compensation Programs (OWCP), an employee who may be covered by the Longshore and Harbor Workers’ Compensation Act should take the following actions if he is injured:
- the employee should immediately notify his employer of the injury, and if the employee needs medical treatment, he should ask the employer for a Form LS-1, which authorizes medical treatment; and
- the employee should obtain medical treatment as soon as possible.
An injured employee must give written notice of his injury to his employer within 30 days of the injury. The notice should be on a Form LS-201. Notice of death must also be given within 30 days. Additional time is provided for certain hearing loss and occupational disease claims. Employees should contact the nearest OWCP district office, or consult an experienced attorney, for additional information regarding these claims.
The employee must file a written claim for compensation within one year of the date of injury or last date of compensation, whichever is later. A claim for survivor benefits must be filed within one year of the date of death. The time for filing certain occupational disease claims has been extended to two years.
A person who has a dispute with an employer regarding disability or death benefits under the Act should immediately contact an experienced attorney or the nearest OWCP district office.
Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.