Section 6(b)(3) of the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides that prior to October 1 of each year, based on the national average weekly wage (NAWW) for the three calendar quarters ending June 30 of that year, the Secretary of Labor shall determine the NAWW to be applicable for the 12-month period beginning October 1. The annual adjustment to the National Average Weekly Wage and minimum and maximum compensation rates under the Longshore and Harbor Workers’ Compensation Act have been published by the Office of Workers’ Compensation Programs, Division of Federal Employees’, Longshore and Harbor Workers’ Compensation. Effective October 1, 2023:

• The National Average Weekly Wage is $963.29.
• The maximum compensation rate is twice the NAWW, or $1,926.58.
• The minimum compensation rate is one half the NAWW, or $481.65. If an employee’s AWW is less than this amount, he or she receives his or her entire AWW as compensation for total disability.

In computing death benefits covered by this period, the AWW of the deceased employee shall not be less than the national average weekly wage ($963.29) as prescribed in section 6(b). In addition, under the provisions of the 1984 Amendments, the total weekly death benefits shall not exceed the lesser of (1) AWW of the deceased or (2) 200 percent of the NAWW. The 200 percent maximum benefit is $1,926.58 per week and is applicable to cases in which the death occurs during the period October 1, 2023, through September 30, 2024.

This represents a 5.05% increase over the prior year, capped at 5.0% as mandated by Section 10(f) of the Act. The maximum compensation rate also applies to the Defense Base Act.