The Longshore and Harbor Workers’ Compensation Act provides for medical benefits and disability benefits to an injured worker. An injured employee is entitled to reasonable and necessary medical, surgical, and hospital treatment and other medical supplies and services required by the work-related injury or illness, such as prescription medications, diagnostic tests, physical therapy, prostheses, hearing aids, attendant care, and the cost of travel for such treatment. An injured employee is entitled to select a physician of his/her choice to provide medical treatment for the work injury.
The LHWCA provides for the payment of compensation for the following four types of disability: temporary partial, temporary total, permanent partial, and permanent total. This compensation can not exceed two-thirds of the employee’s average weekly wage during the period of disability, subject to maximums and minimums. 33 U.S.C. § 908 Continue reading Overview of Longshore Benefits
The right to compensation for disability or death is barred unless a claim therefore is filed within one year after the injury or death. 33 U.S.C. § 913. Continue reading The Statute of Limitations in Longshore Claims
Individuals that volunteer their services for not-for-profits are not eligible for workers’ compensation benefits, so the not-for-profit entity using volunteers is not required to obtain a workers’ compensation insurance policy. Continue reading Explainer: Nonprofits and Workers’ Compensation
It is the claimant’s burden to establish timely notice. Notice of an injury or death for which compensation is payable must be given within 30 days after injury or death, or within 30 days after the employee or beneficiary is aware of, or in the exercise of reasonable diligence or by reason of medical advice should have been aware of, a relationship between the injury or death and the employment. 33 U.S.C. § 912(a). The claimant is provided a presumption that timely notice has been provided. Shaller v. Cramp Shipbuilding & Dry Dock Co., 23 BRBS 140 (1989). Where one injury arises out of an accident has been reported, the claimant does not have to give separate notice of other injuries resulting from the same incident. Thompson v. Lockheed Shipbuilding & Constr. Co., 21 BRBS 94 (1988). Continue reading Notice as a Defense in Longshore Claims
Almost all workers in New York are covered by the Workers’ Compensation Law. of course, for every broad generalization like that one, there are exceptions. What are the exceptions to coverage requirements under New York’s law? Generally, see § 3 of the Workers’ Compensation Law. Here’s a non-exclusive list of some of the most commonly-excepted employments in New York: Continue reading Explainer: Who is NOT Covered by New York’s Workers’ Compensation Law?
On large construction projects the main general contractor may obtain a workers’ compensation insurance policy to cover all workers on a the job site – this policy is called a “wrap-up” policy. A wrap-up policy has an expiration date that coincides with the planned completion date of the project.
All the subcontractors should be listed as policyholders on the wrap-up policy. The general contractor and the majority of the sub-contractors should each also have their own separate workers’ compensation insurance policy. Continue reading Explainer: Special Categories of Employment for New York Workers’ Compensation Coverage