Know Differences Between Workers’ Comp Types
Question: A patient has come to our practice for an injury sustained during their work as a harbor worker. When they scheduled their appointment, they said the reason for the visit was related to workers’ compensation, but I just found out that harbor workers have their own compensation act. Our scheduler did not know whether to ask about maritime-specific injuries and compensation. Are these programs different? Maryland Subscriber Answer: The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that specifically provides for non-seamen workers who experience job injuries while in their workplaces. The U.S. Department of Labor says: “The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel.” For other industries, workers’ compensation generally comes from states instead of a federal program. While workers covered under LHWCA can choose whether they want to file a claim with their state workers’ comp program or via the federal LHWCA, they cannot do both. Longshore and harbor workers may find that the LHWCA has more generous benefits, including slightly higher compensation payments. The LHWCA specifies that certain providers can see workers filing claims under the act, saying, “The LHWCA defines the term ‘physician’ to include doctors of medicine (MDs), surgeons, podiatrists, dentists, clinical psychologists, optometrists, and osteopathic practitioners within the scope of their practice as defined by state law.” Make sure you check with the patient about what type of workers’ compensation they’re seeking so you can document everything correctly. Here’s information for providers, including necessary forms. Rachel Dorrell, MA, MS, CPC-A, CPPM, Production Editor, AAPC
