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33 U.S.C. § 935 — Substitution of carrier for employer
Federal law — U.S. Code and appendices · legal_authorities
In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Secretary shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect to such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes (1) notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier, (2) jurisdiction of the employer by a deputy commissioner, the Board, or the Secretary, or any court under this chapter shall be jurisdiction of the carrier, and (3) any requirement by a deputy commissioner, the Board, or the Secretary, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.
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Source file: Laws/federal/codes/united-states-code/title-33/section-935-substitution-of-carrier-for-employer--ccabd55378.md
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Source location: Title 33, Chapter 18, § 935; chapter-018-longshore-and-harbor-workers-compensation.md
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In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Secretary shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect to such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes (1) notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier, (2) jurisdiction of the employer by a deputy commissioner, the Board, or the Secretary, or any court under this chapter shall be jurisdiction of the carrier, and (3) any requirement by a deputy commissioner, the Board, or the Secretary, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.
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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
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Every policy or contract of insurance issued under authority of this chapter shall contain (1) a provision to carry out the provisions of [section 935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section935&num=0&edition=prelim), and (2) a provision that insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract.
**(b)** No contract or policy of insurance issued by a carrier under this chapter shall be canceled prior to the date specified in such contract or policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the deputy commissioner and to the employer in accordance with the provisions of subsection (c) of [section 912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section912&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 309
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 935
Subsec. (g). Pub. L. 98–426, § 21(d), designated existing
provisions as par. (1), substituted ‘‘If the person enti-
tled to compensation (or the person’s representative)
enters into a settlement with a third person referred to
in subsection (a) for an amount less than the compensa-
tion to which the person (or the person’s representa-
tive) would be entitled under this chapter, the em-
ployer shall be liable for compensation as determined
under subsection (f) only if written approval of the set-
tlement is obtained from the employer and the employ-
er’s carrier, before the settlement is executed, and by
the person entitled to compensation (or the person’s
representative)’’ for ‘‘If compromise with such third
person is made by the person entitled to compensation
or such representative of an amount less than the com-
pensation to which such person or representative would
be entitled to under this chapter the employer shall be
liable for compensation as determined in subsection (f)
only if the written approval of such compromise is ob-
tained from the employer and its insurance carrier by
the person entitled to compensation or such represent-
ative at the time of or prior to such compromise on a
form provided by the Secretary and filed in the office
of the deputy commissioner having jurisdiction of such
injury or death within thirty days after such com-
promise is made’’, inserted at end ‘‘The approval shall
be made on a form provided by the Secretary and shall
be filed in the office of the deputy commissioner within
thirty days after the settlement is entered into.’’, and
added pars. (2) to (4).
1972—Subsecs. (b), (e)(1)(A). Pub. L. 92–576, § 15(f), (g),
inserted ‘‘or Board’’ after ‘‘deputy commi
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 935
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