INSTRUCTIONS TO EMPLOYEE
IT IS IMPORTANT THAT WRITTEN NOTICE OF EMPLOYMENT-CAUSED INJURY OR ILLNESS BE GIVEN PROMPTLY TO THE EMPLOYER AND THE
DISTRICT DIRECTOR IN THE LOCAL OFFICE OF THE OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR.
Written notice needs to be given so that the District Director may see that an employee in case of injury, or his or her survivors in case of death, receives all
the benefits to which they may be entitled. No benefit need be paid under the appropriate law unless a notice of injury or death is filed. [33 U.S.C. 912 (a)]
WHO FILES
Injured employees or survivors of employees whose deaths were due to employment covered by the Longshore and Harbor Workers'
Compensation Act, or its extensions.
Those Acts which extend the provisions of the Longshore and Harbor Workers' Compensation Act are:
•Defense Base Act •Nonappropriated Fund Instrumentalities Act •Outer Continental Shelf Lands Act
WHEN TO FILE
As soon as possible or within 30 days after the date of injury or death, or
Within 30 days after the employee or survivor first became aware, or in the exercise of reasonable diligence or by reason of medical
advice should have been aware, of a relationship between the injury or death and the employment, or
In the case of an occupational disease which does not immediately result in a disability or death, within one year after the employee
or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of
the relationship between the employment, the disease, and the death or disability, or
In the case of hearing loss, within 30 days after receipt by an employee of an audiogram, with the accompanying report thereon,
indicating that the employee has suffered a loss of hearing.
WHY FILE
The employer needs to have notice so that it or its insurance carrier may see that medical care is given promptly and compensation
payments for loss of income may be provided without delay.
WHERE TO FILE
Give original copy to employer and send one copy to the District Director at the following address:
District Director
U.S. Department of Labor
Office of Workers' Compensation Programs (OWCP)
Division of Longshore and Harbor Workers' Compensation
FAILURE TO GIVE WRITTEN NOTICE MAY RESULT IN SOME LOSS OF BENEFITS.
PRIVACY ACT STATEMENT
The Privacy Act of 1974 as amended (5 U.S.C. 552a), section 901 of Title 33 to the US Code and 20 CFR 702.211 authorize collection of this information.
The purpose of this information is to determine eligibility (LHWCA). Completion of this form is not mandatory; however, failure to provide the information may
result in the loss of compensation benefits. Additional disclosures of this information may be to: (1) the employer which employed the claimant at the time of
injury, or to the insurance carrier or other entity which secured the employer's compensation liability. (2) physicians and other medical service providers for
use in providing treatment or medical/vocational rehabilitation, making evaluations and for other purposes relating to the medical management of the claim.
(3) the Department of Labor's Office of Administrative Law Judges (OALJ), or other person, board or organization, which is authorized or required to render
decisions with respect of the claim or other matter arising in connection with the claim. (4) Federal, state and local agencies for law enforcement purposes, to
obtain information relevant to a decision appropriate, to pursue salary/administrative offset and debt collection actions required or permitted by law.
(5) Disclosure of the claimant's Social Security Number (SSN) or tax identifying number (TIN) on this form is mandatory. (6) Failure to disclose all requested
information may delay the processing of the claim, the payment of benefits, or may result in an unfavorable decision or reduced level of benefits. We are
authorized to collect a Social Security Number (SSN) under Executive Order 9397 (November 22, 1943) to help identify individuals in agency records and
keep records accurate because other people may have the same name and birth date.
Public Burden Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid
OMB control number. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Use
of this form is optional, however furnishing the information is required in order to obtain and/or retain benefits. (20 CFR 702.211). Send comments regarding
the burden estimate or any other aspect of this collection of information, including suggestion for reducing this burden, to the U.S. Department of Labor, 200
Constitution Avenue, NW Room C-4315, Washington ,D.C. 20210, and reference the OMB Control Number.
DO NOT SEND THE COMPLETED FORM TO THIS OFFICE.
