Compensation for Injured Longshoremen, Port Workers & Shipbuilders in Georgia

Longshoreman compensation vs. Georgia workers’ comp

Injured longshore employees may be inclined to file a claim for Georgia workers’ compensation since they are similar in a number of ways. For example, both Georgia workers’ compensation and the LHWCA generally pay injured employees approximately two-thirds of their weekly salary if they are deemed to be temporarily disabled.

However, the longshoreman compensation program has its distinct advantages.

For starters, longshoreman and harbor workers are eligible for additional benefits which are not generally available to injured workers under the state’s workers’ compensation program.

On the flip side, Georgia’s workers’ compensation program typically processes claims within a shorter length of time, which enables injured employees to start receiving benefits sooner. When the LHWCA claim hearing occurs, and the claim is approved, employees receive benefits minus the amount paid by the state.

How to calculate LHWCA benefits

The Longshore and Harbor Workers’ Compensation Act determines injured mariner benefits based on the individual’s average weekly wage at the time of the accident. The simple method involves using the worker’s average annual earnings and dividing the amount by 52 weeks.

For temporary partial disability claims, the benefits paid are 66 percent of the difference between the employee’s wages before the accident and what they are able to earn after suffering the injury. For example, if a worker was paid $1,000 per week but their current wage is $500, the benefits received would be $330. An employee filing a temporary total disability claim receives 66 percent of their annual wage. Temporary benefits are paid for the duration of the disability (not to exceed 5 years).

Workers filing a scheduled permanent partial disability receive compensation for a designated number of weeks according to the schedule specifying the impairment suffered. Those deemed to have an unscheduled permanent partial disability receive benefits for an impairment not listed in the schedule. The determination is made in the same manner as temporary partial disability benefits or 66 percent of the difference between the former wage and the current earning capability.

How to file for LHWCA compensation

A chronic condition may occur secondary to asbestos or chemical exposure. Under these circumstances, the employee may not develop symptoms for months or years after the fact. If the employee’s claim involves hearing loss, respiratory illness or other disease processes caused by the occupation, the worker must file a claim within 2 years of receiving the diagnosis.

By law, employers must file the report within 10 days after they became aware of the injury. If the employer does not immediately file an LS 202 Employer’s First Report of Injury with the Department of Labor’s Office of Workers’ Compensation Programs, injured workers have 12 months from the date the employer files the document to submit a claim.

Another exception involves an employer paying an injured worker voluntarily prior to a claim being filed. In this instance, a claim must be filed by the worker within 1 year after the day of the last payment.

In the event that a mariner accident resulted in the death of an employee, the worker’s survivors or their legal representatives must file the Form LS-262 Claim for Death Benefits within 1 year after the date of death.

Other necessary documentation required often includes a marriage certificate, birth certificate of eligible dependents, medical records and death certificate of the deceased. In order for the family to receive funeral expense benefits, a completed Form LS-265 must be submitted.