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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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Source file: Laws/federal/codes/united-states-code/title-33/section-901-short-title--eb607bdd14.md
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Source location: Title 33, Chapter 18, § 901; chapter-018-longshore-and-harbor-workers-compensation.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Claims filed before December 31, 1973** (1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December 31, 1973, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1973, whichever is the later. (2) In the case of a claim by a child this paragraph shall apply, notwithstanding any other provision of this part. (A) If such claim is filed within six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child would have been first eligible for such benefit payments had [section 922(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section922/a/3&num=0&edition=prelim) been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period. (B) If such claim is filed after six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit payments had [section 922(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section922/a/3&num=0&edition=prelim) been applicable since December 30, 1969, whichever is the
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 932
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General requirement** The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus, for such period as the nature of the injury or the process of recovery may require. **(b) Physician selection; administrative supervision; change of physicians and hospitals** The employee shall have the right to choose an attending physician authorized by the Secretary to provide medical care under this chapter as hereinafter provided. If, due to the nature of the injury, the employee is unable to select his physician and the nature of the injury requires immediate medical treatment and care, the employer shall select a physician for him. The Secretary shall actively supervise the medical care rendered to injured employees, shall require periodic reports as to the medical care being rendered to injured employees, shall have authority to determine the necessity, character, and sufficiency of any medical aid furnished or to be furnished, and may, on his own initiative or at the request of the employer, order a change of physicians or hospitals when in his judgment such change is desirable or necessary in the interest of the employee or where the charges exceed those prevailing within the community for the same or similar services or exceed the provider’s customary charges. Change of physicians at the request of employees shall be permitted in accordance with regulations of the Secretary. **(c) Physicians and health care providers not authorized to render medical care or provide medical services** (1) (A) The Secretary shall annually prepare a list of physicians and health care providers in each compensation district who are not authorized to render medical care or provide medical services un
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 907
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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
The Secretary shall make to Congress at the end of each fiscal year,11 So in original. The comma probably should not appear. a report of the administration of this chapter for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the fund established in [section 944 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section944&num=0&edition=prelim), together with such recommendations as the Secretary deems advisable. Such report shall include the annual report required under [section 936(b) of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section936/b&num=0&edition=prelim) and shall be identified as the Annual Report of the Office of Workers’ Compensation Programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 942
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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
**(a) Filing** On and after January 1, 1974, any claim for benefits for death or total disability due to pneumoconiosis shall be filed pursuant to the applicable State workmen’s compensation law, except that during any period when miners or their surviving widows, children, parents, brothers, or sisters, as the case may be, are not covered by a State workmen’s compensation law which provides adequate coverage for pneumoconiosis, and in any case in which benefits based upon eligibility under paragraph (5) of [section 921(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921/c&num=0&edition=prelim) are involved.11 So in original. The period probably should be a comma. they shall be entitled to claim benefits under this part. **(b) Adequacy of compensation; listing of States providing adequate compensation; requisites for listing** (1) For purposes of this section, a State workmen’s compensation law shall not be deemed to provide adequate coverage for pneumoconiosis during any period unless it is included in the list of State laws found by the Secretary to provide such adequate coverage during such period. The Secretary shall, no later than October 1, 1972, publish in the Federal Register a list of State workmen’s compensation laws which provide adequate coverage for pneumoconiosis and shall revise and republish in the Federal Register such list from time to time, as may be appropriate to reflect changes in such State laws due to legislation or judicial or administrative interpretation. (2) The Secretary shall include a State workmen’s compensation law on such list during any period only if he finds that during such period under such law— (A) benefits must be paid for total disability or death of a miner due to pneumoconios
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 934
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Benefits; applicability of Longshore and Harbor Workers’ Compensation Act; promulgation of regulations** Subject to section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, during any period after December 31, 1973, in which a State workmen’s compensation law is not included on the list published by the Secretary under [section 931(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section931/b&num=0&edition=prelim), the provisions of Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) et seq.], and as it may be amended from time to time (other than the provisions contained in sections 1, 2, 3, 4,,11 So in original. 8, 9, 10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47, 48, 49, 50, and 51 thereof) [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim), 902, 903, 904, 908, 909, 910, 912, 913, 929, 930, 931, 932, 933, 937, 938, 941, 943, 944, 945, 946, 947, 948, 948a, 949, 950], shall (except as otherwise provided in this subsection or by regulations of the Secretary and except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent with the provisions of [section 9501(d) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9501/d&num=0&edition=prelim)), be applicable to each operator of a coal mine in such State with respect to death or total disability due to pneumoconiosis arising out of employment in such mine, or with respect to
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 934a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following are classified as trust funds: (1) Philippine special fund (customs duties). (2) Philippine special fund (internal revenue). (3) Unclaimed condemnation awards, Department of the Treasury. (4) Naval reservation, Olangapo civil fund. (5) Armed Forces Retirement Home Trust Fund. (6) Return to deported aliens of passage money collected from steamship companies. (7) Vocational rehabilitation, special fund. (8) Library of Congress gift fund. (9) Library of Congress trust fund, investment account. (10) Library of Congress trust fund, income from investment account. (11) Library of Congress trust fund, permanent loan. (12) Relief and rehabilitation, Longshore and Harbor Workers’ Compensation Act. (13) Cooperative work, Forest Service. (14) Wages and effects of American seamen, Department of Commerce. (15) Pension money, Saint Elizabeths Hospital. (16) Personal funds of patients, Saint Elizabeths Hospital. (17) National Park Service, donations. (18) Purchase of lands, national parks, donations. (19) Extension of winter-feed facilities of game animals of Yellowstone National Park, donations. (20) Indian moneys, proceeds of labor, agencies, schools, and so forth. (21) Funds of Federal prisoners. (22) Commissary funds, Federal prisons. (23) Pay of the Navy, deposit funds. (24) Pay of Marine Corps, deposit funds. (25) Pay of the Army, deposit fund. (26) Preservation birthplace of Abraham Lincoln. (27) Funds contributed for flood control, Mississippi River, its outlets and tributaries. (28) Funds contributed for flood control, Sacramento River, California. (29) Effects of deceased employees, Department of the Treasury. (30) Money and effects of deceased patients, Public Health Service. (31) Effects of deceased employees, Department
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disability or death; injuries occurring upon navigable waters of United States** Except as otherwise provided in this section, compensation shall be payable under this chapter in respect of disability or death of an employee, but only if the disability or death results from an injury occurring upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel). **(b) Governmental officers and employees** No compensation shall be payable in respect of the disability or death of an officer or employee of the United States, or any agency thereof, or of any State or foreign government, or any subdivision thereof. **(c) Intoxication; willful intention to kill** No compensation shall be payable if the injury was occasioned solely by the intoxication of the employee or by the willful intention of the employee to injure or kill himself or another. **(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 launching vessels, or facility over land for hauling, lifting, or drydocking vessels. (2) Notwithstanding paragraph (1), compensation 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 903
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 904
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