What Benefits Are Available Under the USL&H?

The U.S. Longshore and Harbor Workers’ Compensation Act has provided funding for countless ill and injured longshore and harbor workers in Louisiana. This brings the question, ‘What benefits are available under the USL&H?’ The benefits include medical expenses, travel costs, disability, and more.

When you find yourself injured or diagnosed with an illness from a career you gave so much of yourself to, you may be worried about how to pay the medical bills.

If the injury or diagnosis stops you from working, you may wonder how you’ll support yourself. Our Louisiana maritime lawyer is dedicated to fighting for your rights to compensation.  

The United States Longshore and Harbor Workers’ Compensation Act 

The benefits available under the United States Longshore and Harbor Workers’ Compensation Act ( USL&H) are varied, and the amount of payout or coverage will depend on the specifics of the situation.

The only exception is medical coverage from an approved provider, which is generally completely covered. According to PMC Insurance, coverage for injuries under the USL&H may include:

• Medical procedures
• Medication costs
• Travel to and from doctor appointments
• Vocational Rehab Services
• Disability 
• Survivor Benefits
• Attorney fees for successfully challenged denials
• Waiving the three-day waiting period if disability exceeds 14 days

The amount of benefits paid out is dependent upon the average weekly wage. This is the average income you would earn in a week at the time of your injury.

Ultimately, though, claims through the USL&H provide more benefits and higher accountability for employers than a traditional Workers’ Compensation claim. 

Eligibility

The USL&H will cover almost any work-related accident, except where the employee intended harm to themselves or someone else or intoxication is the only reason for their injury.

Beyond these disqualifiers, the USL&H even provides coverage for illnesses discovered after retirement or years later if the condition is considered an ‘occupational disease.’

Third-Party Lawsuit

One of the benefits available through the USL&H is the protection of filing a third-party lawsuit if you feel employer negligence caused your injuries. Section 905(b) allows the injured party to pursue a personal injury case against the employer, allowing claims for a wider range of compensation, including pain and suffering.

You may want to speak with someone from Scott Vicknair Injury Lawyers about your options before you make a decision to avoid mistakenly waiving your right to a lawsuit. 

Disability Through the LHWCA 

Beyond therapeutic or medical intervention, you may also file a disability claim to recover wages while you cannot work for a period of time. If you have retired and learned of an injury or illness after your employment period, you may still be eligible for disability benefits after retirement. 

According to a report by the Congressional Research Service, with appropriate documentation, you may be eligible for disability payments equal to your percentage of disability multiplied by two-thirds of your average weekly wages. 

The duration and amount you recover from the claim can vary, and the insurance company will often consult medical records and request documentation from your providers before making the determination.

The Department of Labor explains that the amount of compensation you recover is affected by two factors in addition to the workers’ average weekly wage.  

Degree of Disability 

The first component of consideration for disability is how much your injury has altered your ability to work. This is done by classifying your injury as partial or total disability. 

This classification identifies whether you can work at all following your injury or whether you can return to work with adjusted or light duties. 

Permanent or Temporary Disability

A permanent disability occurs when you may not be expected to recover beyond the point of your current level of disability. This determination is often made when you have reached a level of stability in your condition. Your employer or the insurance provider may refer to this status as ‘maximum medical improvement’ or MMI. 

Survivor Benefits 

The USL&H provides survivor benefits if your loved one was killed in a work-related accident or because of a work-related illness. According to section 909, these benefits reimburse funeral expenses of up to $3,000. Additionally, the surviving spouse or dependents may recover benefits as detailed below:

• Widow or widower: 50% of the average weekly salary 
• Surviving spouse plus dependent child: an additional 16 2/3% of the average weekly salary
• One surviving child and no spouse: 50% of Average weekly income
• Two surviving children and no surviving spouse: 66 2/3% of average weekly income 

The maximum available benefits under the USL&H is 66.66% of the average daily wage. However, this may be inflated or decreased according to the current minimum and maximum wages allowed per the policy. When direct relatives are not awarded the full benefits, they may be paid to the decedent’s grandchildren. 

Duration of Available USL&H Benefits 

The duration of disability benefits is dependent upon the type of injury.  The duration of temporary disability benefits will heavily depend on physician documentation and recovery.

However, section 908 provides clear outlines on the duration of permanent disability payments to include:

• Lost arm- 312 weeks compensation
• Lost leg-288 weeks compensation
• Lost hand-244 weeks compensation
• Lost foot-255 weeks compensation
• Eye lost- 160 weeks compensation
• Lost digits- 15-75 weeks compensation 
• Loss of hearing in one or both ears-52 or 200 weeks compensation

The duration of survivor benefits depends on the dependent’s relationship to the deceased and life situation. For example, dependents usually receive benefits until they turn 18 or 23 if they are full–time students. A surviving spouse will generally receive these benefits until their death or remarriage. 

Get Support in Claiming Your USL&H Benefits Today

Recovering from an injury or discovering a new medical condition is stressful, and most people loathe the idea of dealing with the insurance company to try and get the treatment they need.

Thankfully, with Scott Vicknair, we can support you through your recovery and handle the details of your case on your behalf. Our core values drive us to put our clients’ needs first and focus on recovering the maximum compensation available to you. 

You can call us today for a free case consultation with no obligation. We operate on a contingency fee basis, meaning you won’t be buried under legal bills without even knowing if you’ll recover anything. So meet the team and call us today.