Penalties Increase for Employers Under the LHWCA

As of January 23, 2019, three monetary penalties for employers under the LHWCA have increased in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Failure to Report Termination of Payments The penalty amount for failing to report the final payment of compensation to an employee within 16 days of such payment has increased from $285 to $292 per violation. Penalty for Late Report of Injury or Death The maximum penalty amount for knowingly and willfully failing to report an employee’s injury or death has been raised from $23,426 to $24,017. The penalty can also be assigned for any false statements or misrepresentations included in a Report of Injury. A graduated penalty scale is used by the District Director to assign the amount of the penalty, although he/she retains broad discretion in assigning the penalty. 1st late report: $500 2nd late report: $1,000 3rd late report: $2,000 4th late report: $4,000 5th late report: $8,000 6th…

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