April 19, 2021

Volume XI, Number 109

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April 16, 2021

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DOL Issues Guidance on COVID-19 Claims Handling under LHWCA

Several questions have arisen on how to make claims and handle worker compensation claims arising from COVID under the LHWCA , 33 USC 901 et seq.  The Department of Labor (DOL) has issued the following guidance to employees and guidance to employers and insurance carriers on how to handle claims under the Longshore and Harbor Workers’ Compensation Act due to COVID-19 illnesses. In their guidance, the DOL includes a list of Q & As which includes links to other resources such as forms for reporting an employee who has contracted COVID-19 and guidance on how to handle or prevent the spread of the disease provided by the Occupational Safety and Health Administration and the Centers for Disease Control and Prevention. When a claim is made by an employee under the LHWCA, they must establish that the COVID-19 exposure was at work and that they are disabled from working – which is usually 14 days. An employer is then responsible for any medical expenses and 2/3 of the employee’s wages while disabled from working.

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© 2021 Jones Walker LLPNational Law Review, Volume XI, Number 96
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About this Author

Grady Hurley, Lawyer, Attorney, Partner, Oilfield, Energy, Litigation, Jones Walker Law Firm, New Orleans
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Grady Hurley has practiced primarily in the areas of maritime, oilfield, and energy litigation since 1979. His varied experience has included cargo, collision, allision, product liability, toxic tort, insurance, indemnity, death, personal injury, property damage, lease cancellation, right-of-way disputes, explosions, and multi-party complex and commercial litigation in state and federal courts. In his maritime practice, Mr. Hurley has engaged in both brown water, offshore, and blue water litigation, including briefs to the U.S. Supreme Court on Suits in Admiralty Act cases, indemnity, and...

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