BIRNBERG & ASSOCIATES
Legal Representation Of Jones Act and Maritime Workers &  Longshore Industry

Call Us Now (415) 398- 1040               Future Solutions Now


Call Us Now (415) 398- 1040               Future Solutions Now
 

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San Francisco, CA  94103-2812
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Longshore and Harbor Workers' Compensation Act


Things You Need To Know About Being Injured On The Job
Disability Compensation is paid every two weeks during an employee's total disability because of a work related injury. Disability means inability to earn the same wages earned at the same time of injury. Compensation is payable for disabilities that are permanent total, temporary total, permanent partial, or temporary partial.

The Purpose of the Longshore and Harbor Workers' Compensation Act
Office of Workers Compensation Programs (OWCP) is to provide medical care to employees disabled from injuries that occur on navigable waters of The United States, or in adjoining areas customarily used in loading, unloading, repairing or building a vessel. The act also offers benefits to dependents if the injury. These benefits are paid by an insurance company or by an Employer who is authorized by the OWCP. The term "injury" includes occupational disease arising out of employment.
Choosing A Doctor
The employee may obtain medical treatment from a physician of his or her choice, or as designated by the OWCP. However, once you choose a physician, you cannot change that physician without the approval of the Employer or recommendation of OWCP. Therefore you must choose wisely. For instance if you have an HMO such as Kaiser Permanente and you wish to change to a private physician, you will have a problem and cannot do so unless you obtain approval. This is difficult to do, as you must show inadequate treatment or some good reason. So choose wisely on the way to the hospital or emergency in those initial days after the accident.
What To Do If You Are Injured
1. NOTIFY your employer immediately and ask for a Form LS-1, which authorizes treatment by a doctor of your choice and OBTAIN medical treatment as soon as possible.

2. GIVE written notice of your injury within 30 days to your employer on Form LS- 201. Notice of death must also be given within 30 days. Contact Birnberg & Associates for additional information regarding these types of claims.

3. FILE a written claim for compensation within one year after injury if full compensation and medical care have not been provided.