OWCP Workers’ Compensation Claims/Benefits and Schedule Awards - FAQs

Below are a few frequently asked questions about OWCP workers’ compensation benefits, claims, and schedule awards. If you have additional questions, or if you would like to arrange a case consultation with our experienced workers’ compensation attorneys, contact the Law Office of Robert W. Nizich.

I have suffered a work-related injury or have contracted an occupational disease. What should I do?

I was injured due to the negligence of a co-worker. Does that influence my workers’ compensation claim?

I am a widow/widower of a longshoreman and harbor worker who died during a workplace accident. Am I eligible for compensation?

What are OWCP schedule awards?

I was injured while working offshore in the navigable waters off of the United States coast. Where do I file my claim and how does my workers' compensation claim differ from others?

I have suffered a work-related injury or have contracted an occupational disease. What should I do?

If you suffer a work-related injury covered by the Longshore Harbor Workers’ Compensation Act or any of its related OWCP laws or programs, you should:

• Immediately notify your employer. Obtain a Form LS-1 which authorizes treatment by a doctor of your choice.
• Obtain medical treatment.
• Provide employer notice (using Form LS-201) of your injury within 30 days.
• File a written claim for workers' compensation benefits within one year.
• See if the Longshore Harbor Workers’ Compensation Program can help you reach a quick settlement.
• Get legal representation. The workers’ compensation/OWCP claims attorneys at the Law Office of Robert W. Nizich can help you through this stressful time. Contact our office and arrange a case consultation.

I was injured due to the negligence of a co-worker. Does that influence my workers’ compensation claim?

If you are a longshoreman, seaman, or harbor worker who has been injured due to the negligence of a co-worker, you can file a civil suit against the third party in addition to claiming the workers’ compensation benefits you are entitled to under the Longshore and Harbor Workers’ Compensation Act. Additional OWCP schedule awards may be issued if the worker suffered permanent injury and can prove the third party was responsible for the accident

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I am a widow/widower of a longshoreman and harbor worker who died during a workplace accident. Am I eligible for compensation?

Death benefits are paid to a widow or widower or other eligible survivors, if a work-related injury causes death. Funeral expenses are paid up to $3,000. The surviving spouse of a covered employee receives 50 percent of the average weekly wages of the deceased employee for life or until remarriage. Awards to dependent siblings, children, and grandchildren end when they reach age 18, but may be extended if the child is a student or is incapable of self-support.

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What are OWCP schedule awards?

OWCP schedule awards are given for permanent loss or use of an extremity caused by an on-the-job injury. The extent of impairment considers loss of motion, pain, and weakness. The element of pain may serve as the sole basis for determining the degree of impairment for purposes of OWCP schedule awards. Strong written evidence that clearly and convincingly establishes the maximum extent of improvement must be provided to determine the percent of impairment. Also, the victim must have reached a state of maximum medial improvement. For more information about OWCP schedule awards, contact our office and arrange a case consultation.

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I was injured while working offshore in the navigable waters off of the United States coast. Where do I file my claim and how does my workers' compensation claim differ from others?

Because of the unique circumstances of an injury which occurs off the coast, offshore workers' compensation claims must be filed with the nearest state. For legal purposes, the platform you work on is an island belonging to that state and you are entitled to the same workers' compensation benefits as employees covered under the Longshore and Harbor Workers’ Compensation Act. Your claim differs from onshore injury claims because it is likely the Outer Continental Shelf Act that applies to your case. Injured oil rig workers and others who work on drilling platforms should seek an attorney familiar with cases of this nature in order to have the best possible chance for full compensation.

For additional information, contact the Law Office of Robert W. Nizich.