How do I File a Claim Under the USL&H?

Handling a work injury is stressful, and managing a claim to have your medical care covered by insurance can seem impossible. Thankfully, as a maritime worker, the U.S Longshore and Harbor Workers’ Compensation Act gives you some recourse if you’re injured on the job. Still, the next step after your injury is trying to figure out, ‘How do I file a claim under the USL&H?’ 

In short, you need to file the LS-203 Form for compensation through USL&H. While the steps to filing a claim may not be especially complicated, ensuring you are receiving all of the benefits available to you may be a little more difficult.

A Louisiana maritime lawyer can help you with that. We can help you fight for the compensation you deserve. 

Understanding the USL&H

The U.S. Longshore and Harbor Workers Compensation Act provides protections for maritime workers that do not traditionally fall under the protections granted in the Jones Act.

This allows dock and harbor workers to file a no-fault workers’ compensation claim if injured on the job. This allows injured workers a sense of security and financial support when they are injured in their duties. 

This type of insurance policy provides coverage for medical and therapeutic treatments necessary to recover from your work-related injury. Additionally, it notices that prolonged exposure to certain hazards may lead to diagnoses or disabilities known as occupational illnesses that may also be covered. 

In addition to medical benefits, you may file a USL&H claim to recover lost wages from missed work. This may be to cover a few days or even disability coverage. If you have lost a loved one in a maritime accident, a claim may also provide survivor benefits to immediate family members or dependents. 

Report Your Injury

If you are injured at work, before you consider a USL&H claim, you should report the injury to a supervisor or HR. Documentation of the injury is a critical component of a successful claim.

According to the Department of Labor, you are entitled to see a physician of your choice to treat the injury, but you may need to complete Form LS-1, which requests approval for treatment. In an emergency, you should seek treatment immediately and request authorization following stabilization.

Following an injury, you should report the injury to your employer in accordance with your company’s policy within 30 days with the Notice of Employee’s Injury or Death form.

This important time limitation for injured maritime workers goes into effect from the date of the injury or knowledge of it. Failure to report the injury within the 30-day period may make your claim more difficult but will not bar you from receiving medical care. 

Reporting Exceptions

Your injury should be reported to your employer within 30 days, but there may not always be a clear start. For example, if you are dealing with an occupational disease from working in your position for 10 years, this can be hazy.

Therefore, you should start the 30-day countdown from the time you are aware of the diagnosis and that it is connected to your work environment. 

Filing a Claim for Compensation

Once you report your injury, you may determine you should file a claim for compensation with the LS-203 Form within a year of injury. If your employer has made voluntary payments from your compensation benefits, the Employee’s Claim for Compensation form should be filed within a year of the last payment.

 If you fail to file the written claim with the Office of Workers Compensation Programs (OWCP) by the deadline, your employer may deny your claim for compensation, including future claims related to this injury. 

You should notify your employer of your need to submit a claim, but the forms should go to the OWCP. You can submit these to the SeaPortal site through the Department of Labor. Additionally, you can fax them to 9202) 513-6814 or mail documents for a new complaint to:

U.S. Department of Labor

Office of Workers’ Compensation Programs

Division of Longshore and Harbor Workers’ Compensation

Charles E. Bennett Federal Building

400 West Bay Street, Suite 63A, Box 28

Jacksonville, Fl, 32202

Additional Document Submission

You should not mail in additional documents if you have already created a claim and have a file number with OWCP. However, if the OWCP requests further documentation from you, it can be uploaded and reviewed on the SeaPortal access portal. You may also check your case for updates from here. 

If Your Claim is Denied

If your employer or their insurance provider has denied your claim, you have a couple of options for recourse. A possible reason for the denial listed on the Longshore and Harbor Workers’ Compensation Act Frequently Asked Questions is the lack of necessary information.

If you do not provide all of the relevant medical documentation or requested information, the OWCP may deny your claim because they lack all the information. 

If you disagree with the denial, you may contact the claims examiner handling your case for further assistance. You can now explain your reasoning and offer additional documentation like pay stubs or medical documents to support your case. Beyond this, you can request an informal conference with the OWCP. 

If you are still unsatisfied with the outcome of your claim, you may request a formal hearing with the Department of Labor Administrative Law judge. You can make this request by completing and submitting a Pre-Hearing statement to the OWCP. If you are facing a claim denial, it may be beneficial to begin working with a Scott Vicknair attorney for support and guidance. 

Call a Maritime Lawyer with Scott Vicknair to Support Your Claim Process

Recovering from an injury is difficult enough, especially when it may be something that prevents you from working for a period of time. When you can’t work, the USL&H is meant to provide quick financial support to workers. At Scott Vicknair Injury Law, we firmly believe in your right to this compensation and will fight to defend it. 

We have an unwavering dedication to our clients and securing a positive outcome. Our testimonials and case results show this. If you are trying to recover from a work injury and struggle to file a claim under USL&H, call us today for a free case consultation.