How to Calculate Longshore Workers Compensation Benefits

Long Beach Attorneys Explain
How to Calculate Longshore Workers Comp Benefits

The actual dollar amounts of compensation paid under the Federal Longshore and Harbor Workers Compensation Act are subject to a series of complex computations and rules, including “caps” on maximum benefits. Additionally, the maximum rate allowed for most Longshore workers compensation benefits changes every October 1st. For this reason, determining your exact maximum benefit is usually best done with the help of an experienced Longshore attorney.

Generally, it is best to consult an experienced lawyer or law firm that has handled hundreds of Longshoreman’s Workers Compensation cases, in order to best determine the maximum benefits for which you may be eligible. The experienced Long Beach Longshore attorneys at Cantrell Green are happy to offer a free consultation with you, to examine your unique circumstances and ensure you are collecting the maximum benefits you deserve.

Every case is somewhat different when it comes to collecting benefits under the Federal Longshore and Harbor Workers Compensation Act. In this article however, our experienced Long Beach Lonshore lawyers explain general guidelines from the Longshoreman’s Workers Compensation Act.

Note that an injured loneshore or harbor worker is entitled to both compensation for their injuries and lost wages. This article by our attorneys addresses injury compensation. (See Part 2 for

Injury Benefits Under Longshore Workers Compensation Act

  1. Medical Care- This benefit includes all medical, surgical, and hospital treatment and other medical supplies and services required by the employment related injury, as well as the cost of travel and mileage incidental to such treatment.
  1. Disability Compensation – Longshoreman Workers Compensation is paid every two weeks during an employee’s total disability because of a work-related injury. Compensation is paid at a lesser rate if the employee is only partially disabled for his regular work.
  •  Permanent Total & Temporary Total Disability – Longshoreman Workers Compensation is two-thirds of the employee’s average weekly wage, subject to a maximum amount. This maximum rate changes each October 1, based on the current National Average Weekly Wage for the affected period.
  •  Permanent Partial Disability– Longshoreman Workers Compensation is payable for the permanent loss or loss of use of certain parts or functions of the body, such as the loss of the arm, hand, fingers, leg, foot, toes, hearing or vision. Compensation is payable for a certain number of weeks for each type of disability as specified in the Act. (Example: total loss of use of  foot entitles one to 205 weeks of compensation.)
  •  Temporary Partial and Non-scheduled Permanent Partial Disability – Compensation is two-thirds of the employee’s weekly wage loss or loss of wage-earning capacity.
  • Permanent Partial Disability for Retirees – If a worker suffers the onset of a latent occupational disease after retirement, compensation is two-thirds of the National Average Weekly Wage (NAWW) multiplied by the percentage of impairment resulting from the disease.
  1. Rehabilitation – Vocational rehabilitation may include evaluation, testing, counseling, selective placement, and retraining. Rehabilitation services may also include the cost of tuition, books and supplies.
  1. Death Benefits  are paid to a widow or widower or other eligible survivors if the injury causes the employee’s death. Reasonable funeral expenses are paid, up to a maximum of $3,000.
    • A widow / widower – The deceased worker’s spouse receives 50% of the average weekly wage of the employee for life or until remarriage.
    • Child / Children – Additionally,  16 2/3% of the employee’s average weekly wage is payable for one or more children. If children are the sole survivors, 50% of the employee’s average weekly wage is paid on behalf of the first child. Where more than one child is entitled to benefits, a maximum of 66 2/3% applies, shared equally. Other eligible survivors may include parents, brothers, sisters, grandparents and grand-children only if they were dependent on the employee.

If you are a Longshore or Harbor Worker our Long Beach, Los Angeles attorneys can help you undertsnad the Longshore benefits to which you are entitled.

Long Beach Longshore Attrorneys

If you or a loved one is a disabled dock or harbor worker and you are trying to make sure that you collect the maximum Longshore Benefits, the experienced Southern California Longshore attorneys at Cantrell Green are happy to offer a free consultation. Our caring lawyers will talk with you, to examine your unique circumstances, and will help you fight to ensure that your rights are protected and you are collecting the maximum benefits you deserve.

Free Consultation with a Long Beach Longshore Workers Comp Attorney:
562-622-4800

 

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