Types of Compensation Benefits Under the Longshore & Harbor Workers' Compensation Act
The Longshore Act has four types of money benefits an injured worker may receive. The type of benefit a worker gets depends on if (a) the worker is getting medical treatment that will improve their condition and (b) the worker is able to do some 'light' work. Medical benefits are also paid.
Temporary Total DisabilityIf you are unable to work because of your injury and still are being medically treated, you are entitled to 66 2/3% of your average weekly wage.
Temporary Partial DisabilityIf you are able to work but, because of your injury, are not capable of earning what you earned prior to your injury and are still being medically treated, you are entitled to 66 2/3% the difference between your average weekly wage and your current earning capacity.
Permanent Total DisabilityOnce you no longer need medical treatment (or are at maximum medical improvement), if you are still unable to work because of your injury, you are entitled to 66 2/3% of your average weekly wage for the rest of your life or until you are able to return to work.
Permanent Partial DisabilityThere are two types of permanent partial disability. First, if you injured your arms, hands, legs, feet, eyes or suffer hearing loss, you are entitled to a certain number of weeks of compensation based on what part of your body was injured and your percentage of permanent disability as determined by a doctor. Second, if you injure any other part of your body (i.e. back, neck or shoulders) you are entitled to 66 2/3% of the difference between your average weekly wage and your wage earning capacity after you no longer need medical treatment (or are at maximum medical improvement).