Bill Overview
Title: Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022
Description: This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers. The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties. In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to COVID-19.
Sponsors: Rep. Mrvan, Frank J. [D-IN-1]
Target Audience
Population: Maritime workers diagnosed with COVID-19
Estimated Size: 159000
- The bill is focused on private-sector maritime workers who are covered under the Longshore and Harbor Workers' Compensation Act (LHWCA).
- The LHWCA generally covers longshore workers, harbor workers, and other maritime employees who work on navigable waters of the U.S. or in the areas adjoining these waters.
- Workers must have been diagnosed with COVID-19 during the specified period (January 27, 2020, to January 27, 2024) to qualify for the compensation benefits under this bill.
- This bill impacts workers who, during the COVID-19 incubation period, faced a risk of exposure while performing their job duties.
- According to the U.S. Bureau of Labor Statistics, in 2020, there were approximately 159,000 longshore workers and other cargo handling occupations.
- Globally, the number of maritime workers is larger. According to estimates by the International Maritime Organization, the global supply of seafarers available for service on ships in 2021 was approximately 1.89 million.
Reasoning
- The primary target group of this policy is private-sector maritime workers in the U.S. who have contracted COVID-19 and are covered under the Longshore and Harbor Workers' Compensation Act (LHWCA).
- The policy will have a varying impact based on the individual's situation, particularly their exposure risk and COVID-19 experience.
- Given the narrow eligibility window and specific worker criteria, only a fraction of the 159,000 U.S. longshore and maritime workers will be directly affected.
- The funding limits suggest that only a portion of claims can be accommodated, depending on the severity and number of cases.
- We will consider the wellbeing of people pre- and post-policy to account for the immediate and subsequent impacts of this policy.
Simulated Interviews
Longshore worker (Los Angeles, CA)
Age: 34 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 15/20
Statement of Opinion:
- I'm glad this policy recognizes the risk we've been taking.
- Having COVID was tough, but now it's a relief to have some coverage.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 8 | 4 |
| Year 10 | 7 | 4 |
| Year 20 | 6 | 4 |
Harbor worker (Seattle, WA)
Age: 29 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 10/20
Statement of Opinion:
- The compensation will help with my medical bills.
- Safety regulations at work should have been stricter initially.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 4 |
| Year 20 | 5 | 4 |
Dock supervisor (Houston, TX)
Age: 45 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 0.0 years
Commonness: 12/20
Statement of Opinion:
- I see the value for my team, though I wasn't directly affected.
- Maintaining safety was our priority from day one.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 7 | 7 |
Maritime mechanic (New Orleans, LA)
Age: 39 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I faced financial hardships during my recovery.
- This policy eases some of my stress concerning future risks.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 5 |
| Year 2 | 8 | 5 |
| Year 3 | 8 | 4 |
| Year 5 | 8 | 4 |
| Year 10 | 7 | 4 |
| Year 20 | 6 | 3 |
Harbor engineer (Miami, FL)
Age: 31 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 1.0 years
Commonness: 14/20
Statement of Opinion:
- It's good to see protections in place, though I personally didn't need it.
- Our job is risky, policies like this provide necessary security.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Cargo operations manager (New York, NY)
Age: 54 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 5/20
Statement of Opinion:
- I wish this policy came sooner when I was dealing with the infection.
- It's still good to know support is available if needed.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 5 | 4 |
Maritime security officer (Norfolk, VA)
Age: 25 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 4.0 years
Commonness: 8/20
Statement of Opinion:
- The policy will help reduce the financial burden for younger workers like myself.
- It's reassuring to have this support.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 7 | 4 |
| Year 3 | 7 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 6 | 3 |
| Year 20 | 5 | 3 |
Retired longshore worker (Oakland, CA)
Age: 62 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 6/20
Statement of Opinion:
- I'm retired, so I don't benefit directly, but I see how it's necessary for current workers.
- It's a good step for the working community's health.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Harbor crane operator (Mobile, AL)
Age: 41 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 3.0 years
Commonness: 9/20
Statement of Opinion:
- My recovery has been a long journey. The policy helps with ongoing issues.
- More comprehensive health support is needed for workers like me.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 6 | 4 |
| Year 10 | 5 | 4 |
| Year 20 | 4 | 3 |
Longshore worker (Baltimore, MD)
Age: 37 | Gender: male
Wellbeing Before Policy: 3
Duration of Impact: 5.0 years
Commonness: 7/20
Statement of Opinion:
- Twice having COVID took a toll on my health and finances.
- The compensation eases some anxiety about my parents' future.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 3 |
| Year 2 | 7 | 3 |
| Year 3 | 7 | 3 |
| Year 5 | 7 | 3 |
| Year 10 | 6 | 3 |
| Year 20 | 5 | 2 |
Cost Estimates
Year 1: $200000000 (Low: $150000000, High: $250000000)
Year 2: $180000000 (Low: $140000000, High: $220000000)
Year 3: $160000000 (Low: $130000000, High: $200000000)
Year 5: $0 (Low: $0, High: $0)
Year 10: $0 (Low: $0, High: $0)
Year 100: $0 (Low: $0, High: $0)
Key Considerations
- Estimating costs relies on infection rates among specific job sectors and the severity of COVID-19's impact on these workers.
- Complications arise from predicting future COVID-19 variants, which could alter the number of claims.
- The long-term impact on maritime industry productivity could indirectly affect economic outputs.
- Federal support for reimbursement is contingent on employers adhering to health and safety protocols.