Settlements of claims under the Longshore and Harbor Workers’ Compensation Act are permissible and a settlement approved under Section 8(i) discharges the liability of the employer or carrier, or both. 33 U.S.C. §908(i)(3). This subsection further provides that a settlement may be agreed to at any stage of the proceedings, including after the entry of a final compensation order.

No party can be forced to settle a case and settlements only occur when both sides can come to an agreement.  After the agreement is made an Application for Lump Sum Settlement under Section 8(i) and Settlement Approval Request (LS-8) is submitted to either the OWCP or the OALJ for approval.  Once approved, the Employer/Carrier must pay the Claimant their settlement compensation within ten days or be liable for additional penalties.  When the Order is entered and settlement consideration is paid, the Employer/Carrier are absolved of all future liability for benefits for the particular claim settled.

At Just Comp, PLLC we represent injured workers and obtain the largest settlements possible also considering the ramifications and impacts on Social Security Disability, Medicare, the Medicare Secondary Payer Act, any long term disability benefits, 3rd party claims such as personal injury suits arising out of the on-the-job injury and liability of the vessel under 33 U.S. Code § 905(b).