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33 U.S.C. § 904 — Liability for compensation

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 904 — Liability for compensation

**(a)** Every employer shall be liable for and shall secure the payment to his employees of the compensation payable under sections 907, 908, and 909 of this title. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. A subcontractor shall not be deemed to have failed to secure the payment of compensation if the contractor has provided insurance for such compensation for the benefit of the subcontractor. **(b)** Compensation shall be payable irrespective of fault as a cause for the injury.

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Source location: Title 33, Chapter 18, § 904; chapter-018-longshore-and-harbor-workers-compensation.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 901 — Short title

This chapter may be cited as “Longshore and Harbor Workers’ Compensation Act.”

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 905 — Exclusiveness of liability

**(a) Employer liability; failure of employer to secure payment of compensation** The liability of an employer prescribed in [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section904&num=0&edition=prelim) shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except that if an employer fails to secure payment of compensation as required by this chapter, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under the chapter, or to maintain an action at law or in admiralty for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee. For purposes of this subsection, a contractor shall be deemed the employer of a subcontractor’s employees only if the subcontractor fails to secure the payment of compensation as required by [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section904&num=0&edition=prelim). **(b) Negligence of vessel** In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions of [section 933 of this title](https://

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 904 — Liability for compensation

Page 281 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 904 (d) Small vessels (1) No compensation shall be payable to an employee employed at a facility of an employer if, as certified by the Secretary, the facility is engaged in the business of building, repairing, or dismantling exclusively small vessels (as defined in paragraph (3) of this subsection), unless the injury occurs while upon the navigable waters of the United States or while upon any adjoining pier, wharf, dock, facility over land for launch- ing vessels, or facility over land for hauling, lift- ing, or drydocking vessels. (2) Notwithstanding paragraph (1), compensa- tion shall be payable to an employee— (A) who is employed at a facility which is used in the business of building, repairing, or dismantling small vessels if such facility re- ceives Federal maritime subsidies; or (B) if the employee is not subject to cov- erage under a State workers’ compensation law. (3) For purposes of this subsection, a small vessel means— (A) a commercial barge which is under 900 lightship displacement tons; or (B) a commercial tugboat, towboat, crew boat, supply boat, fishing vessel, or other work vessel which is under 1,600 tons gross as meas- ured under section 14502 of title 46, or an alter- nate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that title. (e) Credit for benefits paid under other laws Notwithstanding any other provision of law, any amounts paid to an employee for the same injury, disability, or death for which benefits are claimed under this chapter pursuant to any other workers’ compensation law or section 30104 of title 46 shall be credited against any li- ability imposed by this chapter. (Mar. 4, 1927, ch. 509, § 3,

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