Annual Adjustment to Longshore Penalties Announced by U.S. Department of Labor

The Department of Labor published a final rule on January 13, 2023 adjusting penalties under the Inflation Adjustment Act for 2023. Annual adjustments to penalties assessed by the Office of Workers’ Compensation Programs under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §901, et seq., are as follows:

Section 14(g) of the Act, 20 C.F.R. § 702.236: Failure to Report Termination of Payments (Form LS-208): The penalty amount has increased from $320.00 to $345.00.

Section 30(e) of the Act, 20 C.F.R. § 702.204: Penalty for Late Report of Injury or Death (Form LS-202): The maximum penalty amount has increased from $26,269.00 to $28,304.00.

Section 49 of the LHWCA, 20 C.F.R. § 702.271(a)(2): Discrimination Against Employees Who Bring Proceedings: The penalty amount has increased from a $2,627.00 minimum and a $13,132.00 maximum to a $2,830.00 minimum and $14,149.00 maximum.

These increases in penalties took effect January 15, 2023.