Ditch Certified Mail: Labor OKs Electronic Workers' Comp
Published Date: 3/7/2025
Notice
Summary
The Department of Labor wants to keep using electronic service orders without changing the current rules, making it easier for employers, insurance carriers, claimants, and their reps to handle paperwork. They’re asking for public feedback by May 6, 2025, to make sure the process stays clear and simple without extra costs or hassle. This move helps cut down on mailing delays and keeps things running smoothly for everyone involved.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
10‑day payment deadline and 20% penalty
The notice reiterates that a compensation order notifies employers/carriers that payment is due within 10 days of filing; if compensation is not paid within that time frame, an additional 20% in compensation must be paid under Longshore and Harbor Workers' Compensation Act section 914(f).
Continue email service of orders
The Department of Labor is proposing to extend, without change, the information collection that permits parties to waive receipt of compensation orders by registered or certified mail and instead receive those orders by email using forms LS-801 (employers/carriers) and LS-802 (claimants/representatives). This is intended to reduce paperwork and mailing delays for employers, insurance carriers, claimants, and their representatives.
Waiver must be written and knowing
Because waiving the statutory/regulatory right to certified or registered mail relinquishes a legal right, the waiver must be made in a clear writing that reflects a knowing relinquishment of rights (per 20 CFR 702.349(b)). This applies to both LS-801 (employers/carriers) and LS-802 (claimants/representatives).
Estimated respondents, hours, and zero respondent cost
OWCP reports this is an extension without change with an affected public of the private sector, estimating 62,881 respondents and 62,881 annual responses, 5,240 annual burden hours, and an annual respondent or recordkeeper cost of $0.
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Key Dates
Department and Agencies
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