New October 1, 2015 Section 10(f) Cost of Living Adjustment ("COLA") for Longshore and Defense Base Act Claimants


If you are receiving Permanent Total Disability ("PTD") compensation benefits, or death benefits under the federal Longshore and Harbor Workers' Compensation Act or Defense Base Act, you are entitled to annual increases in your benefit rate each October 1st. Starting Thursday, October 1, 2015, the applicable Section 10(f) COLA will increase your compensation rate by 2.1%. For example, if you are receiving compensation benefits at the rate of $980.00 per week, your new benefit rate will increase to $1,000.00, and will payable through September 30, 2016. Thereafter, you will be entitled to annual increases in your benefit rate every October 1st for the remainder of your claim. 

If you have not received an increase in your compensation rate, call us immediately and we will recover these unpaid benefits retroactive to the date of injury inclusive of all potential penalties and interest. This occurence is all too common as some inexperienced insurance adjusters simply forget to apply the statutorily mandated rate increases, or cannot adjust each claim in their enormous case list in a timely fashion.  

Section 10(f) COLA by Year

Maximum Comp Rate Per Year DBA/LHWCA

In addition, effective October 1, 2015, the maximum benefit rate increases to an all time high of $1,406.00 per week. In order to improve your chances of obtaining benefits at the maximum rate, please consult with an attorney now.

As a former defense attorney, I know the tactics insurance companies use to decrease your benefit rate, deny you benefits, and cut costs in the long run. Some basic tactics include:

  1. Perverting your average weekly wage by factoring in earnings from previous jobs,
  2. Forcing alternative calculations to compute the rate of permanent disability payments, and
  3. Arguing suitable alternative employment that does not exist. 

Diamond Law Practice, PLLC can offer you and your family a free consultation regarding all Section 10(f) COLA questions under the Defense Bast Act, and Longshore & Harbor Workers' Compensation Act. 

Diamond Law Practice, PLLC, One World Trade Center, Suite 8500, 85th Floor, New York, New York 10007

Office: (212) 220-7134

Cell: (518) 269-9233

Fax: (646) 304-6009