Longshore Workers Compensation Calculator

Longshore workers compensation for total and partial disability

The basis is the wage: “the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation” (33 U.S.C. § 910), and “The average weekly wages of an employee shall be one fifty-second part of his average annual earnings.” (33 U.S.C. § 910(d)(1))

For permanent total disability: “In case of total disability adjudged to be permanent 66 2/3 per centum of the average weekly wages shall be paid to the employee during the continuance of such total disability.” (33 U.S.C. § 908(a)) For temporary total disability: “In case of disability total in character but temporary in quality 66 2/3 per centum of the average weekly wages shall be paid to the employee during the continuance thereof.” (33 U.S.C. § 908(b))

For partial disability that the schedule does not name: “In all other cases in the class of disability, the compensation shall be 66 2/3 per centum of the difference between the average weekly wages of the employee and the employee's wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of partial disability.” (33 U.S.C. § 908(c)(21)) And for temporary partial disability: “In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be two-thirds of the difference between the injured employee's average weekly wages before the injury and his wage-earning capacity after the injury in the same or another employment, to be paid during the continuance of such disability, but shall not be paid for a period exceeding five years.” (33 U.S.C. § 908(e))

The calculator applies that rate to the average weekly wage you enter, or for partial disability to the difference between it and the wage-earning capacity you enter. The figures for a real claim are decided in the claim.

The maximum and minimum longshore workers compensation rates

The Act caps the payment: “Compensation for disability or death (other than compensation for death required by this chapter to be paid in a lump sum) shall not exceed an amount equal to 200 per centum of the applicable national average weekly wage, as determined by the Secretary under paragraph (3).” (33 U.S.C. § 906(b)(1))

And it sets a floor for total disability: “Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee's average weekly wages as computed under section 910 of this title are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability.” (33 U.S.C. § 906(b)(2))

The figures change each year on a set date: “Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year.” (33 U.S.C. § 906(b)(3)) And the Act says who they apply to: “Determinations under subsection (b)(3) with respect to a period shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period.” (33 U.S.C. § 906(c))

The Supreme Court read that last phrase in Roberts v. Sea-Land Services. An employee is newly awarded compensation, it held, “when he first becomes disabled and thereby becomes statutorily entitled to benefits under the Act, no matter whether, or when, a compensation order issues on his behalf.” (Roberts v. Sea-Land Services, Inc., 566 U.S. 93, 100 (2012)) So the calculator asks when the disability began, and applies that fiscal year's figures.

For the fiscal year running from October 1, 2026 to September 30, 2027, the Department of Labor's table reads: “FY27 10/01/2026-09/30/2027 $1,081.96 $2,163.92 $540.98 3.90%” (U.S. Department of Labor, OWCP, National Average Weekly Wages (NAWW), Minimum and Maximum Compensation Rates) The columns are the fiscal year, the period, the national average weekly wage, the maximum, the minimum and the percentage increase. The calculator holds every row of the table back to November 26, 1972.

Longshore workers compensation for the loss of a body part

For a permanent partial disability the Act names, the rate is the same: “In case of disability partial in character but permanent in quality the compensation shall be 66 2/3 per centum of the average weekly wages,” (33 U.S.C. § 908(c)) and it is paid for a set number of weeks. Among the losses on the schedule:

“Arm lost, three hundred and twelve weeks' compensation.” (33 U.S.C. § 908(c)(1))

“Leg lost, two hundred and eighty-eight weeks' compensation.” (33 U.S.C. § 908(c)(2))

“Hand lost, two hundred and forty-four weeks' compensation.” (33 U.S.C. § 908(c)(3))

“Foot lost, two hundred and five weeks' compensation.” (33 U.S.C. § 908(c)(4))

“Eye lost, one hundred and sixty weeks' compensation.” (33 U.S.C. § 908(c)(5))

“Thumb lost, seventy-five weeks' compensation.” (33 U.S.C. § 908(c)(6))

“First finger lost, forty-six weeks' compensation.” (33 U.S.C. § 908(c)(7))

“Great toe lost, thirty-eight weeks' compensation.” (33 U.S.C. § 908(c)(8))

“Second finger lost, thirty weeks' compensation.” (33 U.S.C. § 908(c)(9))

“Third finger lost, twenty-five weeks' compensation.” (33 U.S.C. § 908(c)(10))

“Toe other than great toe lost, sixteen weeks' compensation.” (33 U.S.C. § 908(c)(11))

“Fourth finger lost, fifteen weeks' compensation.” (33 U.S.C. § 908(c)(12))

“Compensation for loss of hearing in one ear, fifty-two weeks.” (33 U.S.C. § 908(c)(13)(A))

“Compensation for loss of hearing in both ears, two-hundred weeks.” (33 U.S.C. § 908(c)(13)(B))

The schedule also covers a partial loss, a loss of use and the loss of more than one member, each by its own rule. The calculator multiplies the weekly figure by the weeks for a whole loss on the list, and computes none of those other rules.

When the payments begin

The Act holds back the first days: “No compensation shall be allowed for the first three days of the disability, except the benefits provided for in section 907 of this title” (33 U.S.C. § 906(a)), except that “in case the injury results in disability of more than fourteen days the compensation shall be allowed from the date of the disability.” (33 U.S.C. § 906(a))

The calculator gives a weekly figure and does not count those days.

Longshore workers compensation deadlines: the notice and the claim

Notice comes first. “Notice of an injury or death in respect of which compensation is payable under this chapter shall be given within thirty days after the date of such injury or death,” (33 U.S.C. § 912(a)) The same subsection runs it, as an alternative, “or thirty days after the employee or beneficiary is 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,” (33 U.S.C. § 912(a)) For an illness that shows up later, “in the case of an occupational disease which does not immediately result in a disability or death, such notice shall be given 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.” (33 U.S.C. § 912(a))

Where the notice goes: “Notice shall be given (1) to the deputy commissioner in the compensation district in which the injury or death occurred, and (2) to the employer.” (33 U.S.C. § 912(a)) How it is given: “Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death,” (33 U.S.C. § 912(b)) and it is signed by the employee or by someone on their behalf.

The claim is a separate step. Except as the section otherwise provides, “the right to compensation for disability or death under this chapter shall be barred unless a claim therefore is filed within one year after the injury or death.” (33 U.S.C. § 913(a)) For payments made without an award: “If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within one year after the date of the last payment.” (33 U.S.C. § 913(a))

When the clock starts: “The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment.” (33 U.S.C. § 913(a)) For an occupational disease, “a claim for compensation for death or disability due to an occupational disease which does not immediately result in such death or disability shall be timely if filed within two years 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 within one year of the date of the last payment of compensation, whichever is later.” (33 U.S.C. § 913(b)(2))

The thirty-day notice is the shortest clock here. Give written notice to your employer and to the deputy commissioner as soon as you can, and keep a copy.

Suing your employer, and suing someone else

The Act makes its compensation the remedy against the employer: “The liability of an employer prescribed in section 904 of this title shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death” (33 U.S.C. § 905(a)), with an exception the subsection names for an employer that fails to secure the payment of compensation.

A vessel is treated differently: “In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions of section 933 of this title,” (33 U.S.C. § 905(b)) with conditions the subsection sets out.

Against anyone else who is liable, the Act does not make you choose: “If on account of a disability or death for which compensation is payable under this chapter the person entitled to such compensation determines that some person other than the employer or a person or persons in his employ is liable in damages, he need not elect whether to receive such compensation or to recover damages against such third person.” (33 U.S.C. § 933(a))

But accepting compensation under an award can hand the claim to the employer: “Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance.” (33 U.S.C. § 933(b))

Settling with someone else without losing longshore workers compensation

A settlement with a third person for less than the compensation due needs approval first: “If the person entitled to compensation (or the person's representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the person's representative) would be entitled under this chapter, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer's carrier, before the settlement is executed, and by the person entitled to compensation (or the person's representative).” (33 U.S.C. § 933(g)(1))

The cost of skipping it is set out in the next paragraph: “If no written approval of the settlement is obtained and filed as required by paragraph (1), or if the employee fails to notify the employer of any settlement obtained from or judgment rendered against a third person, all rights to compensation and medical benefits under this chapter shall be terminated, regardless of whether the employer or the employer's insurer has made payments or acknowledged entitlement to benefits under this chapter.” (33 U.S.C. § 933(g)(2))

This site's other calculators estimate a claim against someone other than the employer. Before settling one alongside a longshore claim, get the written approval this section describes.

Settling a longshore claim

A longshore claim itself can be settled, and the settlement is reviewed: “Whenever the parties to any claim for compensation under this chapter, including survivors benefits, agree to a settlement, the deputy commissioner or administrative law judge shall approve the settlement within thirty days unless it is found to be inadequate or procured by duress.” (33 U.S.C. § 908(i)(1))

The calculator does not value a settlement of the claim. Its weekly figure is one of the things a settlement replaces.

The yearly increase for permanent total disability

Permanent total disability and death benefits rise each year: “Effective October 1 of each year, the compensation or death benefits payable for permanent total disability or death arising out of injuries subject to this chapter shall be increased by the lesser of” (33 U.S.C. § 910(f)) the percentage increase in the national average weekly wage, or five percent, as that subsection sets out. The table's note on the capped years reads: “Limited to a maximum of 5 percent under the provisions of Section 10(f) as amended by the LHWCA Amendments of 1984.” (U.S. Department of Labor, OWCP, National Average Weekly Wages (NAWW), Minimum and Maximum Compensation Rates)

The calculator shows the weekly figure for the fiscal year you pick and does not compute later increases.

What this calculator does not do

It does not decide a claim, an average weekly wage or a wage-earning capacity. It does not compute the waiting days, a partial loss of use, death or medical benefits, attorney fees, the yearly increase, or the five-year limit on temporary partial disability. It does not cover the Act's extensions to other work.

It applies the Act as the 2024 edition of the United States Code prints it, and the Department of Labor's table as the Internet Archive captured it on October 6, 2026. The table's current row runs to September 30, 2027; a later row is not reflected until this page is updated.