Increased Penalties Under the Longshore and Harbor Workers’ Compensation Act

Industry Notice regarding increased civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act)

The Department of Labor promulgated a final rule on January 23, 2019 adjusting penalties under the Inflation Adjustment Act.  The rule makes the following adjustments to penalties assessed by the Office of Workers’ Compensation Programs (OWCP) under the Longshore and Harbor Workers’ Compensation Act:

  • Section 14(g) of the LHWCA: Failure to Report Termination of Payments.The penalty amount has increased from $285 to $292.
  • Section 30(e) of the LHWCA: Penalty for Late Report of Injury or Death.The maximum penalty amount has increased from $23,426 to $24,017.
  • Section 49 of the LHWCA: Discrimination Against Employees Who Bring Proceedings. The penalty amount has increased from a $2,343 minimum and a $11,712. maximum to a $2,402 minimum and $12,007 maximum.

Industry Notice 171, which is available on the OWCP, Division of Longshore and Harbor Workers’ Compensation (DLHWC) website at https://www.dol.gov/owcp/dlhwc/ outlines the adjustments in detail. The new amounts apply to penalties assessed after January 23, 2019.

 

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