Longshore and Harbor Workers Compensation Act (LHWCA)

LHWCA-Death Benefits
Posted by: rzehl
January 31, 2008

Surviving Spouse benefits consist of 50% of the average weekly wage for the lifetime of the spouse or until remarriage. In the case of dependant children, death benefits may be raised to two-thirds of the employee's average weekly wage.

Surviving dependant benefits for one child consist of 50% of the average weekly wage. If there is more than one dependant, the maximum benefit of two-thirds of the average weekly wage is paid and shared equally amongst the children. Generally, death benefits cease on the child's 18 ^th birthday but, under certain circumstances, they may continue.

Other relatives may be eligible for death benefits as long as they can demonstrate their financial dependence on the deceased employee.

Funeral expenses may be paid up to $3,000 under the LHWCA.

Contact the experienced Texas maritime attorneys of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887.

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LHWCA-Compensation
Posted by: rzehl
January 31, 2008

Under the Act, there are four categories of disability in which to receive compensation. Injured workers may claim permanent total disability, temporary total disability, permanent partial disability, or temporary partial disability.

Benefits are paid every two weeks and are based on a percentage of the injured employee's average weekly wage prior to the injury. The payment amounts are adjusted every year on the 1 ^st of October and are tied to the national average weekly wage.

Permanent and temporary total disability are calculated using two-thirds of the average weekly wage before injury. Basically, an employee's average weekly wage is his average earnings over the past 52 weeks.

Temporary partial disability is paid at two-thirds of the weekly wage loss, based on the injured employee's loss of earning capacity.

Permanent partial disability payments are to compensate the injured employee for the permanent loss of a body part or function. Compensation for this type of loss is directly tied to a pay-out schedule found in the LHWCA.

Contact the Texas offshore lawyers of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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LHWCA-Benefits
Posted by: rzehl
January 31, 2008

Those covered under the Longshore and Harbor Workers Compensation Act are entitled to any reasonably necessary medical care, services, and supplies resulting from the injury. This also includes any travel expenses associated with treatment.

Individuals covered under the Act have the right to choose any physician they wish. However, it is recommended that injured workers contact their local Office of Workers' Compensation Programs and request a list of physicians that are not authorized to render treatment under the LHWCA.

Contact the experienced Houston offshore attorneys at the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887.

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