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12/24/2010
Brian Beckcom
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Collecting benefits in jail and other things you might not know about the LHWCA

You might be surprised to learn that a worker could collect benefits while in jail for committing fraud under the Longshore Harbor Workers Compensation Act (LHWCA). Moreover, an employee is not required to prove that there was a so-called “identifiable accident” in order for his or her medical condition to be considered work-related. As well, an employer is subject to paying a 20% penalty if the settlement or award is not paid within 10 days. Under the LHWCA a longshoreman may sue the vessel owner for negligence even if the owner is not the employer. There is also a clause about what the employer must demonstrate in order to invoke the “intoxication” defense.

Read about these and other interesting facts about the LHWCA in our article library here

Source: Risk Savers.com


Category: General


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