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33 U.S.C. § 913 — Filing of claims
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
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Source location: Title 33, Chapter 18, § 913; chapter-018-longshore-and-harbor-workers-compensation.md
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**(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, the provisions of subsection (a) shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age.
**(d) Tolling provision** Where recovery is denied to any person, in a suit brought at law or in admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation of time prescribed in subsection (a) shall begin to run only from the date of termination of such suit.
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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
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) Filing of claim** Subject to the provisions of [section 913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section913&num=0&edition=prelim) a claim for compensation may be filed with the deputy commissioner in accordance with regulations prescribed by the Secretary at any time after the first seven days of disability following any injury, or at any time after death, and the deputy commissioner shall have full power and authority to hear and determine all questions in respect of such claim.
**(b) Notice of claim** Within ten days after such claim is filed the deputy commissioner, in accordance with regulations prescribed by the Secretary, shall notify the employer and any other person (other than the claimant), whom the deputy commissioner considers an interested party, that a claim has been filed. Such notice may be served personally upon the employer or other person, or sent to such employer or person by registered mail.
**(c) Investigations; order for hearing; notice; rejection or award** The deputy commissioner shall make or cause to be made such investigations as he considers necessary in respect of the claim, and upon application of any interested party shall order a hearing thereon. If a hearing on such claim is ordered the deputy commissioner shall give the claimant and other interested parties at least ten days’ notice of such hearing, served personally upon the claimant and other interested parties or sent to such claimant and other interested parties by registered mail or by certified mail, and shall within twenty days after such hearing is had, by order, reject the claim or make an award in respect of the claim. If no hearing is ordered within twenty days after notice is given as provided in subsection (b), the dep
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 919
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Time for sending; contents; copy to deputy commissioner** Within ten days from the date of any injury, which causes loss of one or more shifts of work, or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, the employer shall send to the Secretary a report setting forth (1) the name, address, and business of the employer; (2) the name, address, and occupation of the employee; (3) the cause and nature of the injury or death; (4) the year, month, day, and hour when and the particular locality where the injury or death occurred; and (5) such other information as the Secretary may require. A copy of such report shall be sent at the same time to the deputy commissioner in the compensation district in which the injury occurred. Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.
**(b) Additional reports** Additional reports in respect of such injury and of the condition of such employee shall be sent by the employer to the Secretary and to such deputy commissioner at such times and in such manner as the Secretary may prescribe.
**(c) Use as evidence** Any report provided for in subsection (a) or (b) shall not be evidence of any fact stated in such report in any proceeding in respect of such injury or death on account of which the report is made.
**(d) Compliance by mailing** The mailing of any such report and copy in a stamped envelope, within the time prescribed in subsections (a) or (b), to the Secretary and deputy commissioner, respectively, shall be a compliance with this section.
**(e) Penalty for failure or refusal to send report** Any employer, insurance carrier
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 930
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 933
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Federal law — U.S. Code and appendices · legal_authorities
Page 295
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 913
or the employer’s insurance carrier, and that
the employer or carrier was not prejudiced due
to the failure to provide notice to a responsible
official designated by the employer pursuant to
subsection (c), or (ii) for some satisfactory rea-
son such notice could not be given; nor unless
objection to such failure is raised before the dep-
uty commissioner at the first hearing of a claim
for compensation in respect of such injury or
death.
(Mar. 4, 1927, ch. 509, § 12, 44 Stat. 1431; Pub. L.
92–576, § 12(a), Oct. 27, 1972, 86 Stat. 1259; Pub. L.
98–426, § 11, Sept. 28, 1984, 98 Stat. 1648.)
Editorial Notes
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–426, § 11(a), inserted a
comma after ‘‘aware’’ and ‘‘only by reason of medical
advice’’ after ‘‘diligence’’ and inserted ‘‘except that in
the case of an occupational disease which does not im-
mediately result in a disability or death, such notice
shall be given within one year after the employee or
claimant becomes aware, or in the exercise of reason-
able diligence or by reason of medical advice should
have been aware, of the relationship between the em-
ployment, the disease, and the death or disability’’ in
first sentence.
Subsec. (c). Pub. L. 98–426, § 11(b), inserted at end
‘‘Each employer shall designate those agents or other
responsible officials to receive such notice, except that
the employer shall designate as its representatives in-
dividuals among first line supervisors, local plant man-
agement, and personnel office officials. Such designa-
tions shall be made in accordance with regulations pre-
scribed by the Secretary and the employer shall notify
his employees and the Secretary of such designation in
a manner prescribed by the Secret
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 913
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