Here are some Employee Benefit Laws that
all should be aware of.
Longshore Harbor Workers'
Compensation Act
20 CFR *701.401 Coverage under State Compensation
Programs.
(a) Exclusions from the definition of "employee"
under 701.301(a)(12), and the employees of
small vessel facilities otherwise covered
which are exempted from coverage under 702,171,
are dependent upon coverage under a state
workers' compensation program. For these
purposes, a worker or dependent must first
claim compensation under the appropriate
state program and receive a final decision
on the merits of the claim, denying coverage,
before any claim may be filed under this
Act.
(b) The intent of the ACT is that state law
will apply to those Categories of employees
if it otherwise would. Accordingly not withstanding
any contrary state law. claims by any of
the categories of workers excluded under
§ 701.301 or 702.171 must be made to and
processed by the state and a merit decision
denying coverage on jurisdictional grounds
must be made before Coverage or benefits
under the Act may be sought.
(c) The time for filing notice and claim
under the Act (see subpart B of part 702)
does not begin to run for purposes of claims
by those workers or dependents described
in § 701.301(a)(12) and § 702.171, until
a final adverse decision denying coverage
under a state compensation act is received.
NOTE: If you have been denied your workers'
compensation (medical, rehabilitation, or
compensation) you can REOPEN your case and
claim compensation on your disability injury
occurring on the job. There is NO statute
of limitations on employee benefits. Do not
let your job OR thier insurance carriers
take advantage of you. The law is out there
to protect you!!!
20 CFR * 701.401...Coverage under State Compensation Programs.
A Worker or Dependent must first claim compensation
under the appropriate state program and receive
a final decision on the merits of the claim,
denying coverage, before any claim may be
filed under this Act.
20 CFR * 702.131...Representation of parties. Claimant may be
represented in any proceeding under this
Act by an attorney or other parties.
20 CFR * 702.271...No employer or its duly authorized agent
may discharge or in any manner discriminate
against an employee, because that employee
has attempted to claim compensation.
20 CFR * 702.312...Informal conferences; Informal conferences
shall be called by the deputy commissioner
or his designee assigned. When so assigned,
the designee shall perform the duties set
forth.
20 CFR * 702.339...Formal Hearings; Evidence: The Administrative Law Judge shall not
be bound by common law or statutory rules
of evidence.
20 CFR * 702.402...It is the duty of the employer to furnish
appropriate medical care; and for such period
as the nature of the injury or the process
of recovery may require.
20 CFR * 702.431...Grounds for Debarment; A physician or
health provider, shall be disbarred if it
is found: Knowingly and willfully made and/or
cause to be made any false statements or
material facts.
20 CFR * 703.002...Failure to secure coverage; An employer
who fails to secure coverage, is subject,
upon conviction by imprisonment for one year.
