A Statutory Route to Permanent Benefits
An LHWCA schedule award compensates permanent partial loss, or loss of use, of a member or condition listed in Section 8(c), 33 U.S.C. § 908(c). It is a statutory benefit for specified permanent losses, not a general measure of every effect an injury has on a worker’s ability to earn wages.
The Act is codified at 33 U.S.C. Chapter 18 and administered by the Department of Labor’s Division of Longshore and Harbor Workers’ Compensation. The LHWCA statutory text sets out the schedule and its rules.
This framework is distinct from schedule awards under the Federal Employees’ Compensation Act. The statutes have different coverage rules and benefit calculations, so a claim’s governing law must be identified before applying a schedule.
The statute supplies the framework, but the record determines how it applies. Medical evidence describes the nature and extent of permanent loss or loss of use; wage evidence supports the compensation calculation. NorCal Medical Consulting provides independent evaluations and chart-based reviews for LHWCA claims, with reports aligned to OWCP documentation requirements.
Schedule Benefits Versus Disability Benefits
An LHWCA schedule award pays compensation for permanent partial loss, or loss of use, of a member or condition listed in Section 8(c). It uses the statutory weeks assigned to that loss, rather than measuring benefits by the worker’s post-injury earning capacity.
That differs from unscheduled permanent partial disability under Section 8(c)(21). For a condition outside the schedule, compensation is based on two-thirds of the difference between average weekly wages and post-injury wage-earning capacity, and continues while partial disability continues. The LHWCA’s compensation provisions set out these separate calculations; wage figures must be established under the Act’s applicable rules.
A schedule award is not a finding of permanent total disability. Section 8(a) separately addresses permanent total disability, while Section 8(c) covers specified permanent partial losses. The medical record supports the impairment and loss-of-use assessment, but the statutory category determines which benefit framework applies. NorCal Medical Consulting provides independent medical evaluations and chart-based reviews to document functional findings in LHWCA claims.
Federal Employees’ Compensation Act (FECA) rules, including its schedule under 5 U.S.C. § 8107, payment rates, and OWCP procedures, belong to a different federal program. They should not be imported into an LHWCA analysis. For related context on the distinction between scheduled and disability benefits, see Section 8(c) benefits and compensation rates.
The Schedule and Compensation Formula
For a listed permanent partial loss under the Longshore and Harbor Workers’ Compensation Act (LHWCA), Section 8(c) generally calculates compensation at two-thirds of the employee’s average weekly wages for the statutory number of weeks assigned to that loss. This is an LHWCA formula, not the separate Federal Employees’ Compensation Act (FECA) method described in some schedule-award questions. Section 8(c) of the LHWCA sets the governing weeks and payment basis.
The statutory durations for complete loss are: arm, 312 weeks; leg, 288; hand, 244; foot, 205; eye, 160; thumb, 75; first finger, 46; second finger, 30; third finger, 25; fourth finger, 15; great toe, 38; and any other toe, 16. For hearing loss, the schedule assigns 52 weeks for loss of hearing in one ear and 200 weeks for loss in both ears. These are statutory durations, not impairment percentages or a case-specific award amount.
Section 8(c) states that scheduled compensation is in addition to temporary total disability compensation under Section 8(b) or temporary partial disability compensation under Section 8(e). The benefits address different periods or classifications of disability, so the claim record and applicable statutory provisions matter when assessing how payments interact.
Average weekly wages are also necessary to calculate the weekly amount. Under Section 10, weekly wages generally equal one fifty-second of average annual earnings, but the Act provides different methods and exceptions depending on the employment and claim circumstances. NorCal Medical Consulting reviews medical evidence for LHWCA claims, while wage records and the statutory wage rules must support the average-weekly-wage figure. See our related guide to calculating average weekly wage under the LHWCA.
The schedule alone cannot establish an individual worker’s final award. The medical record must support the nature and extent of the loss or loss of use, and the wage evidence must support the applicable average weekly wage. LHWCA scheduled losses include listed limbs, digits, eyes, and hearing; FECA’s schedule, payment rate, and rating procedures should not be treated as LHWCA rules.
How the Statute Treats Partial Loss
How the Statute Treats Partial Loss
Section 8(c) does not require an amputation for a scheduled award. Permanent total loss of use of a listed member is compensated as loss of the member, while permanent partial loss or loss of use may be compensated proportionately. You should ensure the medical record establishes what function has been lost and to what extent.
The statute also sets specific rules for digits and amputations. Loss of more than one phalanx of a digit is compensated as loss of the entire digit; loss of the first phalanx alone receives half the amount for the whole digit. An amputation at or above the elbow or knee is treated as loss of the arm or leg, and an amputation between the elbow and wrist, or between the knee and ankle, is treated as loss of a hand or foot. These classifications appear in Section 8(c) of the LHWCA.
For vision, loss of binocular vision or at least 80 percent of vision in one eye is compensated as loss of the eye. When multiple digits or phalanges on the same hand or foot are affected, the award may instead reflect the resulting loss of use of that hand or foot, but cannot exceed the scheduled amount for the whole hand or foot.
Medical evidence establishes the nature and extent of loss or loss of use; the statutory text does not select a particular impairment rating for an individual case. NorCal Medical Consulting provides independent medical evaluations and chart-based reviews that document functional findings for LHWCA claims. For additional context on proportionate awards, see NorCal Medical Consulting's discussion of partial loss under the LHWCA.
Hearing Loss Requires Careful Documentation
For an LHWCA hearing-loss claim, Section 8(c)(13) assigns 52 weeks for loss of hearing in one ear and 200 weeks for loss in both ears. It directs that hearing-loss determinations follow the American Medical Association’s Guides to the Evaluation of Permanent Impairment, as promulgated and modified over time (LHWCA Section 8(c)).
An audiogram is presumptive evidence of the amount of hearing loss as of its test date only when a licensed or certified audiologist, or an otolaryngology-certified physician, administers it; the employee receives the audiogram and report when tested; and no contrary audiogram from that time is produced. These statutory conditions make the testing record and proof of report delivery important when the parties dispute the documented loss.
The filing period for notice of injury or a compensation claim does not begin until the employee receives an audiogram and accompanying report indicating hearing loss. Keep the test date, provider’s credentials, report, delivery information, and any contemporaneous contrary audiogram together in the claim file.
The supplied LHWCA materials do not identify a specific edition of the Guides or require Auditory Steady-State Response (ASSR) testing. They also do not establish the Department of Labor Sixth Edition schedule as the governing method for an LHWCA claim. The applicable federal program controls, so do not import procedures from another program; NorCal Medical Consulting’s auditory evaluations may include ASSR testing, but the LHWCA record must still be assessed under the statute and applicable medical evidence.
Disfigurement and Multiple Scheduled Losses
Section 8(c)(20) permits proper and equitable compensation of up to $7,500 for serious disfigurement of the face, head, neck, or another normally exposed area when it is likely to handicap the employee in securing or maintaining employment. The statutory limit and employment-related test appear in the LHWCA.
The inquiry is not simply whether a scar or other visible change exists. The record should describe its location, appearance, and likely effect on the employee’s ability to secure or keep work. NorCal Medical Consulting evaluates scars, grafts, burns, and other injuries through independent medical examinations and chart reviews, providing written findings that address the medical evidence relevant to the claim.
For multiple scheduled losses, Section 8(c)(22) generally directs that awards run consecutively when an injury causes loss or loss of use of more than one scheduled member or part, but does not amount to permanent total disability. This statutory rule is not a case-specific answer to every payment dispute; the injury record and any other legal issues still matter.
A limited exception applies when the losses involve two or more digits on the same hand or foot. Section 8(c)(17) allows compensation to be proportioned to the resulting loss of use of that hand or foot, subject to a cap at the scheduled amount for the whole hand or foot. NorCal Medical Consulting’s independent evaluations document functional loss as well as physical findings, giving claims professionals and counsel evidence to assess how the statutory rule may apply.
Claims, Orders, and Payment Questions
The Department of Labor FAQ describes scheduled permanent partial disability (PPD) as payable after the employee reaches maximum medical improvement (MMI) and is found able to return to work. The FAQ is general information, not a substitute for statutory or case-law research. For more on the medical milestone, see our discussion of maximum medical improvement and scheduled PPD.
The LHWCA establishes a fixed statutory duration for scheduled benefits, but the available sources do not establish FECA’s 28-day payment cycle or lump-sum commutation under 20 C.F.R. § 10.422 as LHWCA rules. Section 8(i) offers a separate route: parties may settle at any stage, but a deputy commissioner or administrative law judge must approve the agreement. Approval generally must occur within 30 days unless the settlement is inadequate or procured by duress, as stated in the LHWCA.
A compensation order takes effect when filed and generally becomes final after 30 days if review proceedings are not initiated. An appeal may go to the Benefits Review Board, and a party adversely affected by a final Board order may petition the appropriate U.S. Court of Appeals within 60 days. These procedures appear in the statutory provisions governing compensation orders and appeals.
The supplied sources set no fixed decision timeframe for a schedule-award claim. Medical and wage evidence, disputes, and the claim’s procedural path can affect adjudication. NorCal Medical Consulting prepares independent evaluations and chart-based reviews that address the medical evidence; the record and governing law still determine the claim’s outcome.
Other Benefits and the Award Boundary
Section 8(c)(21) covers permanent partial disability outside the listed schedule. It pays two-thirds of the difference between the employee’s average weekly wages and post-injury wage-earning capacity while the partial disability continues, rather than assigning a fixed number of weeks to a scheduled loss.
That wage-capacity formula should not be confused with Section 8(c)(23), which applies to certain permanent partial disability claims where average weekly wages are determined under Section 10(d)(2). In those cases, compensation is two-thirds of those wages multiplied by the percentage of permanent impairment under the referenced Guides, payable while the impairment continues. The statutory text of Section 8(c) sets out these distinct formulas.
Section 8(f) is separate again. It concerns qualifying cases involving a pre-existing permanent partial disability and may limit the employer’s liability, with remaining compensation payable from the LHWCA Special Fund in the circumstances specified by the statute. It does not provide the formula for a Section 8(c) schedule award.
Who may receive death benefits under the LHWCA, and how are they determined?
A narrower rule applies when an employee receiving an award under Section 8(c)(1)–(20) dies from causes unrelated to the injury. Section 8(d) provides for distribution of the unpaid scheduled balance to specified survivors, with that balance payable in full through the statutory distribution. The Department of Labor’s LHWCA text does not, in this provision, supply the broader death-benefit eligibility and calculation rules under Section 9; those require separate review of the statute and claim facts.
For medical-legal reviews, NorCal Medical Consulting evaluates impairment evidence and the applicable statutory framework together. That distinction helps keep wage-capacity benefits, impairment-percentage claims, Special Fund questions, and survivor distributions from being treated as interchangeable.
Deadlines and Coverage Require Separate Review
For an LHWCA hearing-loss claim, the notice and filing clock does not begin until the employee receives an audiogram and its accompanying report indicating hearing loss. Section 8(c)(13)(D) states this specific rule; it does not replace review of the other deadlines that may apply to a claim.
The LHWCA provides the hearing-loss timing rule, but the materials summarized here do not set out every general injury or occupational-disease filing period or its exceptions. Adjusters and counsel should verify the dates against the statute and applicable authorities, while NorCal Medical Consulting’s hearing evaluations and records review can help clarify what the audiogram and report establish.
Coverage also requires a separate factual analysis. The LHWCA is a federal workers’ compensation statute, and compensation is payable irrespective of fault, but the schedule provisions alone do not determine whether a particular worker satisfies the Act’s employment and location requirements.
The Jones Act involves a different coverage and negligence framework; the supplied schedule-award authorities do not provide enough detail to resolve that comparison. A worker’s duties and connection to a vessel may matter, so assess status and coverage under the potentially applicable statute rather than infer eligibility from the type of injury.
Use the Statute and Record Together
Before evaluating an award, identify whether the claim involves a loss listed in Section 8(c), an unscheduled wage-capacity claim under Section 8(c)(21), or another statutory calculation. These categories use different measures, so confirm the applicable provision in the LHWCA text before applying a formula.
Then review the average-weekly-wage evidence, medical records describing the nature and extent of impairment, and procedural history. For hearing-loss claims, include the audiograms and accompanying reports, along with evidence showing when the employee received them. Our physicians at NorCal Medical Consulting conduct independent evaluations and chart-based reviews that can clarify the medical findings in the record.
The Department of Labor page reproduces statutory provisions; it does not select an impairment rating, calculate a case-specific award, or resolve medical disputes. Its FAQ is general information, not a substitute for case-specific legal research or analysis. NorCal Medical Consulting provides written medical opinions and expert testimony, while the legal and benefit determinations remain tied to the governing law and evidence.
Apply the Right Statutory Framework
An LHWCA schedule award is governed by Section 8(c) of the Act, not by FECA procedures or the wage-capacity formula for unscheduled disability. For listed permanent losses, the statute sets the applicable compensation weeks and generally bases payment on two-thirds of average weekly wages; Section 8(c)(21) instead addresses certain losses of post-injury earning capacity. Section 8(c) of the LHWCA provides the controlling schedule and formulas.
Applying those rules still requires evidence that fits the claim. NorCal Medical Consulting’s independent evaluations and chart reviews assess impairment and functional loss, with reports prepared to address the medical questions relevant to the statutory framework.
For each claim, check the statute alongside the medical record, wage evidence, and procedural history. That review can clarify which provision applies, but the outcome depends on the facts and governing law.
