LHWCA-Compensation

Posted by: rzehl
January 31, 2008
Topic: Longshore and Harbor Workers Compensation Act (LHWCA)

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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