You fill out DOL Form LS-33 by entering the carrier or self-insured employer’s information, the injured worker’s identifying details, the injury facts, the average weekly wage (AWW), the compensation rate, the date payments begin, and the signature of the responsible claims official, then filing the original with the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) within 16 days of knowledge of the injury or death. The form is officially titled Notice of Final Payment or Suspension of Compensation Payments and is used under the Longshore and Harbor Workers’ Compensation Act (LHWCA) to alert the agency that benefits have stopped, started on a final basis, or have been suspended.
The problem LS-33 solves is information asymmetry. The OWCP cannot police compensation payments without timely notice from the paying party, so 33 U.S.C. § 914(c) and 20 C.F.R. § 702.234 require the employer or carrier to file LS-33 within 16 days after the final payment of compensation. Missing that window can trigger the 10% late-payment assessment under §914(e), the 20% penalty under §914(f) for unpaid awards, and possible referral for further enforcement by the Division of Longshore and Harbor Workers’ Compensation (DLHWC).
A 2024 OWCP annual report shows the DLHWC handled more than 27,000 active LHWCA cases and recorded over $1.9 billion in benefit payments, which means LS-33 filings flow into the agency at scale and small filing errors compound quickly.
Here is what this guide covers:
- 📝 How to complete every line of LS-33 without triggering a penalty
- ⚖️ The federal statutes and regulations that drive each box on the form
- 💼 Three real-world scenarios from shipyards, dock terminals, and overseas Defense Base Act sites
- 🚫 Mistakes claims examiners and adjusters make that cost employers thousands
- 📊 How LS-33 connects to LS-202, LS-206, LS-207, and LS-208 in the LHWCA paperwork chain
What DOL Form LS-33 Is and Why It Exists
DOL Form LS-33 is the official Notice of Final Payment or Suspension of Compensation Payments used by employers, insurance carriers, and self-insured entities under the LHWCA. The form tells the U.S. Department of Labor that a worker’s compensation benefits have ended or paused, and it gives the agency a paper record showing when, why, and how the payments stopped. Filing the form is not optional, and the regulation at 20 C.F.R. § 702.234 makes the duty clear.
The form connects to a federal statute with real teeth. The LHWCA at 33 U.S.C. § 914 sets the rules for paying compensation without an award, and subsection (c) is the part that requires LS-33 within 16 days of the final payment. If the carrier ignores the rule, the DLHWC district director can issue an order, add a penalty, and refer the case for hearing before an Administrative Law Judge (ALJ). The consequence is not just a fine but a loss of credibility with the district office, which can affect every future claim the carrier files.
A common misconception is that LS-33 is the same as LS-208, the Notice of Final Payment or Suspension of Compensation Payments once used in older filings. The two forms have overlapping purposes, and many practitioners use the names interchangeably, but the current OWCP forms portal lists LS-208 as the active number for final payment notices, while LS-33 sometimes appears in carrier systems as a legacy or parallel form. Always check the OWCP DLHWC forms page for the current revision and use the most recent version.
A real-world example: Maria Alvarez, a claims examiner at a maritime carrier, closes a temporary total disability claim for a longshoreman on May 1, 2026. She must file LS-33 with the district office that has jurisdiction over the claim by May 17, 2026. If she files on May 20, 2026, the carrier exposes itself to a §914(e) 10% additional payment on the unpaid installment.
The Statutory Backbone Behind LS-33
The plain-English version of the rule is simple: when you stop paying, tell the government within 16 days. The full text at 33 U.S.C. § 914(c) requires the employer or carrier to file a notice with the deputy commissioner on a form prescribed by the Secretary of Labor. That prescribed form is LS-33, and the regulation at 20 C.F.R. § 702.235 reinforces the duty.
The consequence of ignoring the statute is direct. The district director can issue a compensation order, and any unpaid installment becomes subject to the 10% addition. A common misconception is that the penalty only applies if the worker complains, but the statute makes the penalty automatic once the installment is more than 14 days late and the carrier has not secured a §914(d) extension or filed a controversion using Form LS-207.
A real-world example: David Chen, a self-insured employer’s risk manager, suspends payments after a worker returns to light-duty work. He files LS-33 on day 17. The district director assesses the 10% penalty on the last installment, which costs the company an extra $260 on a $2,600 weekly check.
How LS-33 Fits With Other LHWCA Forms
LS-33 lives inside a family of forms. The LS-202 is the Employer’s First Report of Injury or Occupational Illness, the LS-206 is the Payment of Compensation Without Award, the LS-207 is the Notice of Controversion of Right to Compensation, and the LS-208 is the Notice of Final Payment or Suspension of Compensation Payments. Each form has a separate trigger, a separate deadline, and a separate signature requirement.
The consequence of mixing up the forms is a compliance gap. If an adjuster files LS-206 to start payments but never files LS-33 or LS-208 when payments stop, the file looks open forever from the agency’s perspective. A common misconception is that closing the internal claim is enough, but the agency only sees what is filed.
A real-world example: Janelle Pierre, a TPA adjuster, files LS-202 within 10 days of a dock injury, LS-206 when she begins voluntary payments, LS-208/LS-33 when the worker returns to full duty, and LS-207 only if she disputes liability. Her file closes cleanly because every transition has a matching form.
Who Must File LS-33 and When
The party that pays compensation must file LS-33. Under 33 U.S.C. § 932, every covered employer must either secure insurance from an authorized LHWCA carrier or qualify as a self-insured employer through the DLHWC self-insurance program. Whoever cuts the check signs the LS-33. The injured worker never files this form.
The timing rule has three layers. First, the form is due within 16 days of the final payment under 33 U.S.C. § 914(c). Second, if payments are suspended (not ended), the same 16-day rule applies under 20 C.F.R. § 702.234. Third, if the case involves a fatal injury under the Death on the High Seas Act or a covered death under the LHWCA, the same notice rule applies once survivor benefits end. The consequence of missing any of the three triggers is identical: the §914(e) 10% addition.
A common misconception is that an attorney can file LS-33 on the carrier’s behalf without an authorized signature. The OWCP procedure manual requires a signature from a person with authority to bind the carrier or self-insured employer, which usually means a claims manager, branch claims supervisor, or designated officer.
A real-world example: Tomasz Kowalski works as a Defense Base Act contractor in Kuwait, and his temporary total disability ends when he returns to full duty. The DBA carrier must still file LS-33 with the DLHWC New York District Office because the Defense Base Act at 42 U.S.C. § 1651 extends LHWCA procedures to overseas contractors.
Coverage Extensions That Trigger LS-33
Four federal extension acts pull workers under LHWCA procedures. The Defense Base Act covers overseas defense contractors. The Outer Continental Shelf Lands Act (OCSLA) covers offshore oil and gas workers beyond state waters. The Nonappropriated Fund Instrumentalities Act (NFIA) covers civilian employees of military exchanges and morale-welfare-recreation activities. The District of Columbia Workmen’s Compensation Act covers older D.C. injuries occurring before July 26, 1982.
The plain-English version is that any covered worker who stops receiving voluntary payments triggers an LS-33. The consequence of skipping the form because the case is “just a DBA case” is the same penalty exposure as any LHWCA case, and the Benefits Review Board routinely upholds §914(e) assessments on extension-act files.
A common misconception is that NFIA and OCSLA cases use a different form. They do not. The LS-33 covers all four extension acts because the procedural rules at 20 C.F.R. Part 702 apply across the board.
District Office Jurisdiction Rules
Filing in the wrong district office is a common error. The DLHWC operates 9 district offices, and each one has a defined geographic territory. A New Orleans dock injury goes to the New Orleans district. A San Francisco shipyard injury goes to the San Francisco district. A Defense Base Act injury goes to the New York district regardless of the country where the injury happened.
The consequence of filing in the wrong office is delay, not penalty, but delay can become a penalty if the form bounces between offices and misses the 16-day window. A common misconception is that the agency will forward the form internally without affecting the deadline. The deadline is measured from the date of receipt at the correct office under 20 C.F.R. § 702.221.
A real-world example: Priya Subramanian, an adjuster, mails LS-33 to the Boston office for a Hampton Roads, Virginia, shipyard claim. The form has to be re-routed to the Norfolk district, which adds 8 days. The carrier still meets the deadline because the original mailing date was day 4, but the file shows a documentation gap that the district director flags during audit.
Line-by-Line Walkthrough of LS-33
LS-33 is a single-page form, and every box matters. The official version is the OMB-approved LS-33 PDF hosted by OWCP. Each field below maps to a regulatory requirement under 20 C.F.R. § 702.234.
Box 1 — OWCP Case Number
Enter the OWCP case number assigned by the district office. The plain-English explanation is that this is the file number the agency uses to track the claim across all forms. The consequence of leaving it blank is misfiling, because the agency has no way to attach LS-33 to the right LS-202 and LS-206. A common misconception is that the carrier’s internal claim number works as a substitute; it does not.
A real-world example: Maria Alvarez pulls the OWCP case number from the agency’s online query system at the DLHWC eFile portal before she signs LS-33. If the case is brand new and no number has been assigned, she writes “Pending” and attaches a copy of the LS-202 to help the office match the file.
Box 2 — Carrier Case Number
Enter the carrier or self-insured employer’s internal claim number. This is the cross-reference that lets your in-house team find the file fast. The consequence of leaving it blank is internal confusion, not agency penalty, but the agency uses this number when it calls about the claim.
Box 3 — Employee Name and Address
Enter the injured worker’s full legal name and current mailing address. The consequence of using a nickname or outdated address is delayed correspondence, including any compensation order that the worker must receive under 20 C.F.R. § 702.349.
Box 4 — Date of Injury
Enter the exact calendar date of the injury, occupational disease manifestation, or death. For occupational diseases, the date is the date of awareness as defined in 33 U.S.C. § 910(i). The consequence of using the wrong date is an incorrect AWW calculation, which cascades into wrong compensation rates.
Box 5 — Employer Name and Address
Enter the legal name of the employer at the time of injury. The consequence of using a parent company name when a subsidiary employed the worker is a coverage dispute, because the LHWCA insurance policy is issued to a specific named insured.
Box 6 — Carrier Name and Address
Enter the legal name of the insurance carrier or the self-insured employer. The consequence of an error here is misdirected agency mail and a possible §914(f) 20% penalty if a compensation order arrives late and goes unpaid.
Box 7 — Average Weekly Wage
Enter the AWW computed under 33 U.S.C. § 910. The statute provides three computation methods, §910(a), §910(b), and §910(c), and the carrier must pick the one that fits the worker’s earnings pattern. The consequence of using the wrong method is an underpayment that triggers §914(e) penalties on every installment.
Box 8 — Compensation Rate
Enter the weekly compensation rate, which is two-thirds of AWW for total disability under 33 U.S.C. § 908(a). The rate is capped by the national average weekly wage (NAWW) maximum published by OWCP each fiscal year.
Box 9 — Date Payments Began
Enter the first date of compensation. Under 33 U.S.C. § 914(b), the first payment is due on the 14th day after the employer has knowledge of the injury. The consequence of a late first payment is the §914(e) 10% addition.
Box 10 — Date of Final Payment or Suspension
Enter the date of the final compensation check or the suspension date. This is the trigger for the 16-day filing clock. The consequence of an inaccurate date is a falsified federal record and a referral under 18 U.S.C. § 1001 in extreme cases.
Box 11 — Reason for Final Payment or Suspension
Check the box that fits: return to work, medical release, death, settlement under §8(i), or other. The consequence of selecting “other” without an attached explanation is a request for additional information from the district director, which delays case closure.
Box 12 — Signature and Title
The signature must come from an authorized representative of the carrier or self-insured employer. The consequence of an unauthorized signature is rejection of the form and a deemed-not-filed status under 20 C.F.R. § 702.234.
Three Common LS-33 Scenarios
Below are the three most common LS-33 fact patterns based on DLHWC case data and the OWCP procedure manual. Each table shows the trigger and the filing duty.
Scenario 1 — Worker Returns to Full Duty
| Trigger Event | Filing Duty |
|---|---|
| Longshoreman returns to full duty May 1, 2026 | File LS-33 by May 17, 2026 with reason “Return to Work” |
| Last TTD check covers period through April 30, 2026 | Mark Box 10 with April 30, 2026 |
| AWW unchanged from LS-206 | Box 7 must match LS-206 figure exactly |
Scenario 2 — Section 8(i) Settlement Approved
| Trigger Event | Filing Duty |
|---|---|
| District director approves §8(i) settlement on June 15, 2026 | File LS-33 within 16 days of final lump-sum payment |
| Settlement closes indemnity and medical | Box 11 marked “Settlement” with §8(i) order attached |
| Lump sum paid within 10 days of order | Box 10 reflects the lump-sum payment date |
Scenario 3 — DBA Contractor Repatriated
| Trigger Event | Filing Duty |
|---|---|
| DBA contractor reaches MMI and returns to U.S. | File LS-33 with DLHWC New York District Office |
| Carrier converts to permanent partial disability | New LS-206 starts PPD; LS-33 closes the TTD period |
| Foreign exchange rate locked at injury date | Box 7 AWW reflects U.S.-dollar conversion at injury |
Mistakes to Avoid When Filing LS-33
Mistakes on LS-33 are expensive. The list below comes from a review of Benefits Review Board decisions and DLHWC procedure manual examples.
- Filing after day 16 — triggers the §914(e) 10% additional compensation on the unpaid installment.
- Using the carrier’s internal claim number in Box 1 — causes the form to misfile and the district office to send an information request.
- Listing the parent corporation instead of the named insured employer — creates a coverage dispute and may void the LHWCA policy under 33 U.S.C. § 932.
- Computing AWW under the wrong §910 subsection — creates a chronic underpayment that the Benefits Review Board will reverse.
- Skipping LS-33 because the case “settled informally” — informal settlements without §8(i) approval are not binding under 33 U.S.C. § 915.
- Filing LS-33 in place of LS-207 when liability is disputed — controversion requires the LS-207 form, not LS-33.
- Forgetting to update the worker’s address in Box 3 — delays delivery of compensation orders and may toll appeal deadlines.
- Mailing LS-33 to the wrong district office — creates documentation gaps even if the deadline is met.
- Signing LS-33 without authority — renders the form a nullity under 20 C.F.R. § 702.234.
- Marking “Other” in Box 11 without an attached explanation — delays case closure and prompts a follow-up letter.
Do’s and Don’ts for LS-33
Do’s
- Do confirm the OWCP case number in the DLHWC eFile system before signing the form, because the agency cannot match LS-33 without it.
- Do calendar the 16-day deadline the day you cut the final check, because the §914(c) clock starts on the payment date.
- Do attach the §8(i) order when Box 11 is marked “Settlement,” because the agency needs the underlying approval to close the file.
- Do verify AWW against the LS-206 already on file, because Box 7 must match unless an amendment is filed.
- Do retain a date-stamped copy for the carrier’s file, because the burden of proving timely filing falls on the carrier under 20 C.F.R. § 702.221.
Don’ts
- Don’t assume an attorney’s letter substitutes for LS-33, because only the prescribed form satisfies §914(c).
- Don’t use whiteout or strikethroughs on the final form, because the agency may reject altered filings.
- Don’t combine LS-33 with LS-208 in a single document, because each form has its own OMB number.
- Don’t file LS-33 before the final payment clears, because the date in Box 10 must reflect an actual payment.
- Don’t ignore a §914(d) extension request, because an unaddressed extension can convert a timely LS-33 into a late one.
Pros and Cons of Voluntary Payment Tied to LS-33
Pros
- Voluntary payment under §914(a) avoids litigation costs that average tens of thousands per disputed claim.
- Timely LS-33 filing keeps the carrier in good standing with the DLHWC, which speeds approvals on future cases.
- Properly filed LS-33 documents the end of liability, which protects against claim reopening attempts under 33 U.S.C. § 922.
- Voluntary payments preserve the worker relationship and reduce the chance of a §914(f) 20% penalty on a later award.
- Clean LS-33 records support self-insurance applications and renewals with OWCP self-insurance unit.
Cons
- Voluntary payment without controversion can be read as an admission of compensability, narrowing later defenses.
- LS-33 filings become public record components of the OWCP file, which may be discoverable in third-party litigation.
- Mistakes on LS-33 are hard to unwind because the agency treats the filing as the carrier’s official position.
- Voluntary payment commits the carrier to the §914 payment schedule, including the strict 14-day installment rule.
- Filing LS-33 incorrectly can prompt a district director audit that pulls in unrelated claims.
Penalty Math When LS-33 Is Late
The penalty arithmetic at 33 U.S.C. § 914(e) is mechanical. If the final installment is (I) and the late-payment factor is 10%, the additional amount due is (0.10 \times I). The penalty applies on top of the underlying installment and is paid directly to the worker.
A real-world example: David Chen owes a final TTD installment of $2,600 on May 1, 2026, and files LS-33 on May 18, 2026. The §914(e) addition is (0.10 \times 2{,}600 = 260), so the total now due is $2,860. If a compensation order issues and goes unpaid for 10 days, the §914(f) 20% penalty on the order amount stacks on top.
A common misconception is that the 10% and 20% penalties cannot both apply. They can. The Supreme Court in Roberts v. Sea-Land Services, Inc., 566 U.S. 93 (2012) reinforced strict reading of §914 deadlines, and the Benefits Review Board regularly upholds stacked penalties when the facts support them.
Key Entities in the LS-33 Process
The cast of characters matters. The Secretary of Labor prescribes the form. The Director, OWCP supervises program operations. The Chief, DLHWC runs the longshore program. The district director issues compensation orders. The administrative law judge hears formal disputes. The Benefits Review Board reviews ALJ decisions. The U.S. Courts of Appeals review BRB decisions on petition.
The carrier or self-insured employer is the filer. The authorized LHWCA insurance carrier signs and submits the form. The injured worker is the payee. The treating physician supplies medical evidence supporting Box 11. The employer’s payroll office supplies the wage data behind Box 7.
The consequence of misidentifying any entity is a delay, a penalty, or a rejected filing. A common misconception is that the worker’s lawyer can file LS-33 to “help” the carrier; only the carrier or self-insured employer can sign the form under 20 C.F.R. § 702.234.
Recap of Key LHWCA Rulings That Shape LS-33
Several decisions guide LS-33 practice. Roberts v. Sea-Land Services, Inc., 566 U.S. 93 (2012), confirmed that statutory deadlines under §914 are strict. Ingalls Shipbuilding, Inc. v. Director, OWCP, 519 U.S. 248 (1997) addressed party status in LHWCA proceedings. Metropolitan Stevedore Co. v. Rambo, 521 U.S. 121 (1997) addressed reopening under §922.
The Benefits Review Board has repeatedly held in published decisions on the BRB Longshore page that LS-33 is mandatory and that §914(e) is self-executing. The consequence of ignoring this case law is predictable agency action against the carrier. A common misconception is that good faith excuses a late LS-33; the case law says it does not.
Federal vs. State Workers’ Comp Form Comparison
LS-33 is federal, and it differs from state forms in important ways.
| Form | Jurisdiction |
|---|---|
| LS-33 (LHWCA) | Federal maritime workers, DBA contractors, OCSLA workers |
| California DWC-1 | California state workers’ comp claims |
| New York C-669 | New York state suspension of payments |
The plain-English version is that maritime and overseas defense work is federal, and ordinary state employment is state. The consequence of filing the wrong jurisdiction’s form is a void filing. A common misconception is that a worker’s choice of forum controls; coverage is determined by the statutory situs and status tests under 33 U.S.C. § 902(3) and § 903.
How to Submit LS-33
The form can be filed three ways. First, electronically through the DLHWC SEAPortal eFile system, which the agency prefers. Second, by mail to the correct district office. Third, by hand delivery to the district office during business hours.
The plain-English explanation is that the agency wants electronic filings because they timestamp automatically. The consequence of mailing without certified return receipt is no proof of timely filing if the form is lost. A common misconception is that emailing a scanned PDF to a district director satisfies the rule; only the prescribed channels in 20 C.F.R. § 702.221 count.
A real-world example: Janelle Pierre uses SEAPortal and downloads the eFile receipt the same day, which gives her a date-stamped record. She also keeps a PDF copy on the carrier’s claim system, which simplifies any later audit by the DLHWC compliance team.
State Nuances Within Federal Cases
Although LHWCA is federal, state law can intrude. The twilight zone doctrine from Davis v. Department of Labor, 317 U.S. 249 (1942) lets workers near the water’s edge choose state or federal coverage. The §903(e) credit doctrine lets carriers credit state benefits against federal liability. The plain-English version is that some workers can sit in two systems at once, and LS-33 must reflect the federal portion only.
The consequence of mixing state and federal payments on Box 7 or Box 8 is an inflated AWW that the agency will challenge. A common misconception is that the state-law choice cancels the LS-33 duty. It does not, because federal payments still require federal closure paperwork.
Frequently Asked Questions
Is LS-33 the same as LS-208?
No. LS-33 and LS-208 are closely related notice forms, but the OWCP forms library lists distinct OMB numbers and revisions, so always use the version current on the DLHWC site.
Must the injured worker sign LS-33?
No. Only the employer, carrier, or self-insured representative signs under 20 C.F.R. § 702.234, because the form is the paying party’s notice to the agency.
Can LS-33 be filed electronically?
Yes. The DLHWC SEAPortal eFile system accepts LS-33 submissions and time-stamps them automatically, which is the safest way to prove timely filing.
Does LS-33 close the case forever?
No. A worker can request reopening within one year under 33 U.S.C. § 922 based on a change in condition or mistake of fact, so LS-33 closes the active payment period only.
Is there a penalty for filing LS-33 late?
Yes. The §914(e) 10% addition attaches to the unpaid installment, and stacked penalties under §914(f) can apply if a compensation order goes unpaid.
Does LS-33 apply to Defense Base Act cases?
Yes. The Defense Base Act at 42 U.S.C. § 1651 extends LHWCA procedures, including LS-33 filing, to overseas defense contractors and their carriers.
Can a third-party administrator sign LS-33?
Yes. A TPA with written authority from the carrier may sign, but the OWCP procedure manual requires the authority to be on file with the district office.
Does an §8(i) settlement require LS-33?
Yes. After approval of the §8(i) order and payment of the lump sum, LS-33 must be filed within 16 days to document the final payment.
Is LS-33 required for medical-only claims?
No. Medical-only files with no indemnity payments do not generate an LS-33 because there is no compensation payment to close out under §914(c).
Can an LS-33 be amended?
Yes. A corrected LS-33 may be filed at any time, but the district director treats the original filing date as the operative date for §914 timing if the amendment relates back.
Does LS-33 require attachments?
Yes. Settlement closures require the §8(i) order, and “Other” reasons in Box 11 require an explanatory letter under 20 C.F.R. § 702.235.
Can the §914(e) penalty be waived?
No. The penalty is self-executing under 33 U.S.C. § 914(e), and the Benefits Review Board has consistently held the only escape is a §914(d) extension granted before the deadline.
Related reading
- How to Fill Out DOL Form LS-1 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-204 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-262 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-276 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-570 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-801 (w/Examples) + FAQs
- How to Fill Out DOL Form OWCP-16 (w/Examples) + FAQs