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33 U.S.C. § 933 — Compensation for injuries where third persons are liable
Federal law — U.S. Code and appendices · legal_authorities
**(a) Election of remedies** If on account of a disability or death for which compensation is payable under this chapter the person entitled to such compensation determines that some person other than the employer or a person or persons in his employ is liable in damages, he need not elect whether to receive such compensation or to recover damages against such third person.
**(b) Acceptance of compensation operating as assignment** Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance. If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term “award” with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.
**(c) Payment into section 944 fund operating as assignment** The payment of such compensation into 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) shall operate as an assignment to the employer of all right of the legal representative of the deceased (hereinafter referred to as “representative”) to recover damages against such third person.
**(d) Institution of proceedings or compromise by assignee** Such employer on account of such ass
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Source file: Laws/federal/codes/united-states-code/title-33/section-933-compensation-for-injuries-where-third-persons-are-liable--ab5164fa31.md
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Source location: Title 33, Chapter 18, § 933; chapter-018-longshore-and-harbor-workers-compensation.md
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**(a) Election of remedies** If on account of a disability or death for which compensation is payable under this chapter the person entitled to such compensation determines that some person other than the employer or a person or persons in his employ is liable in damages, he need not elect whether to receive such compensation or to recover damages against such third person.
**(b) Acceptance of compensation operating as assignment** Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance. If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term “award” with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.
**(c) Payment into section 944 fund operating as assignment** The payment of such compensation into 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) shall operate as an assignment to the employer of all right of the legal representative of the deceased (hereinafter referred to as “representative”) to recover damages against such third person.
**(d) Institution of proceedings or compromise by assignee** Such employer on account of such assignment may either institute proceedings for the recovery of such damages or may compromise with such third person either without or after instituting such proceeding.
**(e) Recoveries by assignee** Any amount recovered by such employer on account of such assignment, whether or not as the result of a compromise, shall be distributed as follows:
(1) The employer shall retain an amount equal to—
(A) the expenses incurred by him in respect to such proceedings or compromise (including a reasonable attorney’s fee as determined by the deputy commissioner or Board);
(B) the cost of all benefits actually furnished by him to the employee under [section 907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section907&num=0&edition=prelim);
(C) all amounts paid as compensation;
(D) the present value of all amounts thereafter payable as compensation, such present value to be computed in accordance with a schedule prepared by the Secretary, and the present value of the cost of all benefits thereafter to be furnished under [section 907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section907&num=0&edition=prelim), to be estimated by the deputy commissioner, and the amounts so computed and estimated to be retained by the employer as a trust fund to pay such compensation and the cost of such benefits as they become due, and to pay any sum finally remaining in excess thereof to the person entitled to compensation or to the representative; and
(2) The employer shall pay any excess to the person entitled to compensation or to the representative.
**(f) Institution of proceedings by person entitled to compensation** If the person entitled to compensation institutes proceedings within the period prescribed in subsection (b) the employer shall be required to pay as compensation under this chapter a sum equal to the excess of the amount which the Secretary determines is payable on account of such injury or death over the net amount recovered against such third person. Such net amount shall be equal to the actual amount recovered less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable attorneys’ fees).
**(g) Compromise obtained by person entitled to compensation**
(1) If the person entitled 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 compensation to which the person (or the person’s representative) would be entitled under this chapter, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer’s carrier, before the settlement is executed, and by the person entitled to compensation (or the person’s representative). 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.
(2) If no written approval of the settlement is obtained and filed as required by paragraph (1), or if the employee fails to notify the employer of any settlement obtained from or judgment rendered against a third person, all rights to compensation and medical benefits under this chapter shall be terminated, regardless of whether the employer or the employer’s insurer has made payments or acknowledged entitlement to benefits under this chapter.
(3) Any payments by the special fund established under [section 944 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section944&num=0&edition=prelim) shall be a lien upon the proceeds of any settlement obtained from or judgment rendered against a third person referred to under subsection (a). Notwithstanding any other provision of law, such lien shall be enforceable against such proceeds, regardless of whether the Secretary on behalf of the special fund has agreed to or has received actual notice of the settlement or judgment.
(4) Any payments by a trust fund described in [section 917 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section917&num=0&edition=prelim) shall be a lien upon the proceeds of any settlement obtained from or judgment recorded against a third person referred to under subsection (a). Such lien shall have priority over a lien under paragraph (3) of this subsection.
**(h) Subrogation** Where the employer is insured and the insurance carrier has assumed the payment of the compensation, the insurance carrier shall be subrogated to all the rights of the employer under this section.
**(i) Right to compensation as exclusive remedy** The right to compensation or benefits under this chapter shall be the exclusive remedy to an employee when he is injured, or to his eligible survivors or legal representatives if he is killed, by the negligence or wrong of any other person or persons in the same employ: Provided, That this provision shall not affect the liability of a person other than an officer or employee of 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
**(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 to file** Except as otherwise provided in this section, the right to compensation for disability or death under this chapter shall be barred unless a claim therefore is filed within one year after the injury or death. If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the deputy commissioner in the compensation district in which such injury or death occurred. The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment.
**(b) Failure to file**
(1) Notwithstanding the provisions of subsection (a) failure to file a claim within the period prescribed in such subsection shall not be a bar to such right unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reasonable notice and opportunity to be heard.
(2) Notwithstanding the provisions of subsection (a), a claim for compensation for death or disability due to an occupational disease which does not immediately result in such death or disability shall be timely if filed within two years after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability, or within one year of the date of the last payment of compensation, whichever is later.
**(c) Effect on incompetents and minors** If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, t
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 913
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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) Establishment; administration; custody, trust** There is established in the Treasury of the United States a special fund. Such fund shall be administered by the Secretary. The Treasurer of the United States shall be the custodian of such fund, and all moneys and securities in such fund shall be held in trust by such Treasurer and shall not be money or property of the United States.
**(b) Disbursements; bond of custodian** The Treasurer is authorized to disburse moneys from such fund only upon order of the Secretary. He shall be required to give bond in an amount to be fixed and with securities to be approved by the Secretary of the Treasury and the Comptroller General of the United States conditioned upon the faithful performance of his duty as custodian of such fund.
**(c) Payments into fund** Payments into such fund shall be made as follows:
(1) Whenever the Secretary determines that there is no person entitled under this chapter to compensation for the death of an employee which would otherwise be compensable under this chapter, the appropriate employer shall pay $5,000 as compensation for the death of such an employee.
(2) At the beginning of each calendar year the Secretary shall estimate the probable expenses of the fund during that calendar year and the amount of payments required (and the schedule therefor) to maintain adequate reserves in the fund. Each carrier and self-insurer shall make payments into the fund on a prorated assessment by the Secretary determined by—
(A) computing the ratio (expressed as a percent) of (i) the carrier’s or self-insured’s workers’ compensation payments under this chapter during the preceding calendar year, to (ii) the total of such payments by all carriers and self-insureds under this chapter during such year;
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 944
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Federal law — U.S. Code and appendices · legal_authorities
Where a trust fund which complies with [section 186(c) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section186/c&num=0&edition=prelim) established pursuant to a collective-bargaining agreement in effect between an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this chapter or under a settlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 917
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 307
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 933
(1) By insuring and keeping insured the pay-
ment of such compensation with any stock
company or mutual company or association,
or with any other person or fund, while such
person or fund is authorized (A) under the laws
of the United States or of any State, to insure
workmen’s compensation, and (B) by the Sec-
retary, to insure payment of compensation
under this chapter; or
(2) By furnishing satisfactory proof to the
Secretary of his financial ability to pay such
compensation and receiving an authorization
from the Secretary to pay such compensation
directly. The Secretary may, as a condition to
such authorization, require such employer to
deposit in a depository designated by the Sec-
retary either an indemnity bond or securities
(at the option of the employer) of a kind and
in an amount determined by the Secretary,
based on the employer’s financial condition,
the employer’s previous record of payments,
and other relevant factors, and subject to such
conditions as the Secretary may prescribe,
which shall include authorization to the Sec-
retary in case of default to sell any such secu-
rities sufficient to pay compensation awards
or to bring suit upon such bonds, to procure
prompt payment of compensation under this
chapter. Any employer securing compensation
in accordance with the provisions of this para-
graph shall be known as a self-insurer.
(b) In granting authorization to any carrier to
insure payment of compensation under this
chapter the Secretary may take into consider-
ation the recommendation of any State author-
ity having supervision over carriers or over
workmen’s compensation, and may authorize
any carrier to insure the payment of compensa-
tion under this chapter in a li
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 933
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