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33 U.S.C. § 909 — Compensation for death
Federal law — U.S. Code and appendices · legal_authorities
If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:
**(a)** Reasonable funeral expenses not exceeding $3,000.
**(b)** If there be a widow or widower and no child of the deceased, to such widow or widower 50 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood, with two years’ compensation in one sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 16⅔ per centum of such wages for each such child; in case of the death or remarriage of such widow or widower, if there be one surviving child of the deceased employee, such child shall have his compensation increased to 50 per centum of such wages, and if there be more than one surviving child of the deceased employee, to such children, in equal parts, 50 per centum of such wages increased by 16⅔ per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 66⅔ per centum of such wages. The deputy commissioner having jurisdiction over the claim may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment of a guardian for such purposes shall not be necessary.
**(c)** If there be one surviving child of the deceased, but no widow or widower, then for the support of such child 50 per centum of the wages of the deceased; and if there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 50 per centum of such wages increased by 16⅔ per centum of such wage
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Source file: Laws/federal/codes/united-states-code/title-33/section-909-compensation-for-death--f06e20a436.md
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Source location: Title 33, Chapter 18, § 909; chapter-018-longshore-and-harbor-workers-compensation.md
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If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:
**(a)** Reasonable funeral expenses not exceeding $3,000.
**(b)** If there be a widow or widower and no child of the deceased, to such widow or widower 50 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood, with two years’ compensation in one sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 16⅔ per centum of such wages for each such child; in case of the death or remarriage of such widow or widower, if there be one surviving child of the deceased employee, such child shall have his compensation increased to 50 per centum of such wages, and if there be more than one surviving child of the deceased employee, to such children, in equal parts, 50 per centum of such wages increased by 16⅔ per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 66⅔ per centum of such wages. The deputy commissioner having jurisdiction over the claim may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment of a guardian for such purposes shall not be necessary.
**(c)** If there be one surviving child of the deceased, but no widow or widower, then for the support of such child 50 per centum of the wages of the deceased; and if there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 50 per centum of such wages increased by 16⅔ per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 66⅔ per centum of such wages.
**(d)** If there be no surviving wife or husband or child, or if the amount payable to a surviving wife or husband and to children shall be less in the aggregate than 66⅔ per centum of the average wages of the deceased; then for the support of grandchildren or brothers and sisters, if dependent upon the deceased at the time of the injury, and any other persons who satisfy the definition of the term “dependent” in [section 152 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section152&num=0&edition=prelim), but are not otherwise eligible under this section, 20 per centum of such wages for the support of each such person during such dependency and for the support of each parent, or grandparent, of the deceased if dependent upon him at the time of the injury, 25 per centum of such wages during such dependency. But in no case shall the aggregate amount payable under this subsection exceed the difference between 66⅔ per centum of such wages and the amount payable as hereinbefore provided to widow or widower and for the support of surviving child or children.
**(e)** In computing death benefits, the average weekly wages of the deceased shall not be less than the national average weekly wage as prescribed in [section 906(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section906/b&num=0&edition=prelim), but—
(1) the total weekly benefits shall not exceed the lesser of the average weekly wages of the deceased or the benefit which the deceased employee would have been eligible to receive under [section 906(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section906/b/1&num=0&edition=prelim); and
(2) in the case of a claim based on death due to an occupational disease for which the time of injury (as determined under [section 910(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section910/i&num=0&edition=prelim)) occurs after the employee has retired, the total weekly benefits shall not exceed one fifty-second part of the employee’s average annual earnings during the 52-week period preceding retirement.
**(f)** All questions of dependency shall be determined as of the time of the injury.
**(g)** Aliens: Compensation under this chapter to aliens not residents (or about to become nonresidents) of the United States or Canada shall be the same in amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year prior to the date of the injury, and except that the Secretary may, at his option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as “Longshore and Harbor Workers’ Compensation Act.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of this subtitle, the term “dependent” means—
(1) a qualifying child, or
(2) a qualifying relative.
**(b) Exceptions** For purposes of this section—
(1) **Dependents ineligible** — If an individual is a dependent of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall be treated as having no dependents for any taxable year of such individual beginning in such calendar year.
(2) **Married dependents** — An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
(3) **Citizens or nationals of other countries**
(A) *In general* — The term “dependent” does not include an individual who is not a citizen or national of the United States unless such individual is a resident of the United States or a country contiguous to the United States.
(B) *Exception for adopted child* — Subparagraph (A) shall not exclude any child of a taxpayer (within the meaning of subsection (f)(1)(B)) from the definition of “dependent” if—
(i) for the taxable year of the taxpayer, the child has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household, and
(ii) the taxpayer is a citizen or national of the United States.
**(c) Qualifying child** For purposes of this section—
(1) **In general** — The term “qualifying child” means, with respect to any taxpayer for any taxable year, an individual—
(A) who bears a relationship to the taxpayer described in paragraph (2),
(B) who has the same principal place of abode as the taxpayer for more than one
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 152
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Time for commencement** No compensation shall be allowed for the first three days of the disability, except the benefits provided for in [section 907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section907&num=0&edition=prelim): Provided, however, That in case the injury results in disability of more than fourteen days the compensation shall be allowed from the date of the disability.
**(b) Maximum rate of compensation**
(1) Compensation for disability or death (other than compensation for death required by this chapter to be paid in a lump sum) shall not exceed an amount equal to 200 per centum of the applicable national average weekly wage, as determined by the Secretary under paragraph (3).
(2) Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee’s average weekly wages as computed under [section 910 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section910&num=0&edition=prelim) are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability.
(3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after October 27, 1972.
**(c) Applicability of
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 906
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
(1) The term “person” means individual, partnership, corporation, or association.
(2) The term “injury” means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.
(3) The term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include—
(A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work;
(B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;
(C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance);
(D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter;
(E) aquaculture workers;
(F) individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;
(G) a master or member of a crew of any vessel; or
(H) any person engaged by a master to load or unload
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 902
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Federal law — U.S. Code and appendices · legal_authorities
Compensation for disability shall be paid to the employee as follows:
**(a)** Permanent total disability: In case of total disability adjudged to be permanent 66⅔ per centum of the average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts.
**(b)** Temporary total disability: In case of disability total in character but temporary in quality 66⅔ per centum of the average weekly wages shall be paid to the employee during the continuance thereof.
**(c)** Permanent partial disability: In case of disability partial in character but permanent in quality the compensation shall be 66⅔ per centum of the average weekly wages, which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with subsection (b) or subsection (e) of this section, respectively, and shall be paid to the employee, as follows:
(1) Arm lost, three hundred and twelve weeks’ compensation.
(2) Leg lost, two hundred and eighty-eight weeks’ compensation.
(3) Hand lost, two hundred and forty-four weeks’ compensation.
(4) Foot lost, two hundred and five weeks’ compensation.
(5) Eye lost, one hundred and sixty weeks’ compensation.
(6) Thumb lost, seventy-five weeks’ compensation.
(7) First finger lost, forty-six weeks’ compensation.
(8) Great toe lost, thirty-eight weeks’ compensation.
(9) Second finger lost, thirty weeks’ compensation.
(10) Third finger lost, twenty-five weeks’ compensation.
(11) Toe other than g
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 908
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Felony; fine; imprisonment**
(1) Any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this chapter shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both.
(2) The United States attorney for the district in which the injury is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint made under this subsection.
**(b) List of persons disqualified from representing claimants**
(1) No representation fee of a claimant’s representative shall be approved by the deputy commissioner, an administrative law judge, the Board, or a court pursuant to [section 928 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section928&num=0&edition=prelim), if the claimant’s representative is on the list of individuals who are disqualified from representing claimants under this chapter maintained by the Secretary pursuant to paragraph (2) of this subsection.
(2)
(A) The Secretary shall annually prepare a list of those individuals in each compensation district who have represented claimants for a fee in cases under this chapter and who are not authorized to represent claimants. The names of individuals contained on the list required under this subparagraph shall be made available to employees and employers in each compensation district through posting and in such other forms as the Secretary may prescribe.
(B) Individuals shall be included on the list of those not authorized to represent claimants under this chapter if the Secretary determines under this section, in accordance with the pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 931
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons covered** In case of injury or death resulting from injury—
(1) to any person employed by a contractor with the United States, if such person in an employee specified in chapter 11 of this title, and no compensation is payable with respect to such injury or death under such chapter; or
(2) to any person engaged by the United States under a contract for his personal services outside the continental United States; or
(3) to any person employed outside the continental United States as a civilian employee paid from nonappropriated funds administered by the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship’s Store Ashore, Navy exchanges, Marine Corps exchanges, officers’ and noncommissioned officers’ open messes, enlisted men’s clubs, service clubs, special service activities, or any other instrumentality of the United States under the jurisdiction of the Department of Defense and conducted for the mental, physical, and morale improvement of personnel of the Department of Defense and their dependents; or
(4) to any person who is an employee specified in [section 1651(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1651/a/5&num=0&edition=prelim), if no compensation is payable with respect to such injury or death under chapter 11 of this title or to any person engaged under a contract for his personal services outside the United States approved and financed by the United States under the Mutual Security Act of 1954, as amended (other than title II of chapter II thereof unless the Secretary of Labor, upon the recommendation of the head of any department or other agency of the United States Government, determines a contract financed under a successor provision of any succes
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Federal law — U.S. Code and appendices · legal_authorities
Page 291
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 909
Par. (8) Great toe lost, increased from twenty-six to
thirty-eight weeks’ compensation.
Par. (9) Second finger lost, increased from eighteen
to thirty weeks’ compensation.
Par. (10) Third finger lost, increased from seventeen
to twenty-five weeks’ compensation.
Par. (11) Toe other than great toe lost, increased
from eight to sixteen weeks’ compensation.
Par. (12) Fourth finger lost, increased from seven to
fifteen weeks’ compensation.
Subsec. (g). Act July 26, 1956, § 3, substituted ‘‘$25’’ for
‘‘$10’’.
1948—Subsec. (c). Act June 24, 1948, inserted in open-
ing par. ‘‘or temporary partial disability’’, ‘‘or sub-
section (e)’’, and ‘‘respectively’’.
1938—Subsec. (c). Act June 25, 1938, § 4, in par. (22), in-
serted exception clause.
Subsecs. (h), (i). Act June 25, 1938, § 5 added subsecs.
(h) and (i).
1934—Subsec. (c). Act May 26, 1934, § 2, inserted in
opening par. ‘‘which shall be in addition to compensa-
tion for temporary total disability paid in accordance
with subsection (b) of this section’’ and decreased peri-
ods in schedule of compensation of pars. (1) to (12).
Subsec. (c). Act May 26, 1934, § 3, substituted new par.
(22), providing that ‘‘In any case in which there shall be
a loss of, or loss of use of, more than one member or
parts of more than one member set forth in paragraphs
(1) to (19) of this subdivision, not amounting to perma-
nent total disability, the award of compensation shall
be for the loss of, or loss of use of, each such member
or part thereof, which awards shall run consecu-
tively.’’, for former provisions, providing that ‘‘In case
of temporary total disability and permanent partial
disability, both resulting from the same injury, if the
temporary total disab
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 909
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