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33 U.S.C. § 910 — Determination of pay
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this chapter, the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows:
**(a)** If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker and two hundred and sixty times the average daily wage or salary for a five-day worker, which he shall have earned in such employment during the days when so employed.
**(b)** If the injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earnings, if a six-day worker, shall consist of three hundred times the average daily wage or salary, and, if a five-day worker, two hundred and sixty times the average daily wage or salary, which an employee of the same class working substantially the whole of such immediately preceding year in the same or in similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed.
**(c)** If either of the foregoing methods of arriving at the average annual earnings of the injured employee cannot reasonably and fairly be applied, such average annual earnings shall be such sum as, having regard to the previous earnings of the injured employee in the employment in which he was working at the time of the injury, and of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, or o
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Source file: Laws/federal/codes/united-states-code/title-33/section-910-determination-of-pay--27e99925a0.md
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Source location: Title 33, Chapter 18, § 910; chapter-018-longshore-and-harbor-workers-compensation.md
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Except as otherwise provided in this chapter, the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows:
**(a)** If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker and two hundred and sixty times the average daily wage or salary for a five-day worker, which he shall have earned in such employment during the days when so employed.
**(b)** If the injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earnings, if a six-day worker, shall consist of three hundred times the average daily wage or salary, and, if a five-day worker, two hundred and sixty times the average daily wage or salary, which an employee of the same class working substantially the whole of such immediately preceding year in the same or in similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed.
**(c)** If either of the foregoing methods of arriving at the average annual earnings of the injured employee cannot reasonably and fairly be applied, such average annual earnings shall be such sum as, having regard to the previous earnings of the injured employee in the employment in which he was working at the time of the injury, and of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, or other employment of such employee, including the reasonable value of the services of the employee if engaged in self-employment, shall reasonably represent the annual earning capacity of the injured employee.
**(d)**
(1) The average weekly wages of an employee shall be one fifty-second part of his average annual earnings.
(2) Notwithstanding paragraph (1), with respect to any claim based on a death or disability due to an occupational disease for which the time of injury (as determined under subsection (i)) occurs—
(A) within the first year after the employee has retired, the average weekly wages shall be one fifty-second part of his average annual earnings during the 52-week period preceding retirement; or
(B) more than one year after the employee has retired, the average weekly wage shall be deemed to be the national average weekly wage (as determined by the Secretary pursuant to [section 906(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section906/b&num=0&edition=prelim)) applicable at the time of the injury.
**(e)** If it be established that the injured employee was a minor when injured, and that under normal conditions his wages should be expected to increase during the period of disability the fact may be considered in arriving at his average weekly wages.
**(f)** Effective October 1 of each year, the compensation or death benefits payable for permanent total disability or death arising out of injuries subject to this chapter shall be increased by the lesser of—
(1) a percentage equal to the percentage (if any) by which the applicable national weekly wage for the period beginning on such October 1, as determined under [section 906(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section906/b&num=0&edition=prelim), exceeds the applicable national average weekly wage, as so determined, for the period beginning with the preceding October 1; or
(2) 5 per centum.
**(g)** The weekly compensation after adjustment under subsection (f) shall be fixed at the nearest dollar. No adjustment of less than $1 shall be made, but in no event shall compensation or death benefits be reduced.
**(h)**
(1) Not later than ninety days after October 27, 1972, the compensation to which an employee or his survivor is entitled due to total permanent disability or death which commenced or occurred prior to October 27, 1972, shall be adjusted. The amount of such adjustment shall be determined in accordance with regulations of the Secretary by designating as the employee’s average weekly wage the applicable national average weekly wage determined under [section 906(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section906/b&num=0&edition=prelim) and (A) computing the compensation to which such employee or survivor would be entitled if the disabling injury or death had occurred on the day following October 27, 1972, and (B) subtracting therefrom the compensation to which such employee or survivor was entitled on October 27, 1972; except that no such employee or survivor shall receive total compensation amounting to less than that to which he was entitled on October 27, 1972. Notwithstanding the foregoing sentence, where such an employee or his survivor was awarded compensation as the result of death or permanent total disability at less than the maximum rate that was provided in this chapter at the time of the injury which resulted in the death or disability, then his average weekly wage shall be determined by increasing his average weekly wage at the time of such injury by the percentage which the applicable national average weekly wage has increased between the year in which the injury occurred and the first day of the first month following October 27, 1972. Where such injury occurred prior to 1947, the Secretary shall determine, on the basis of such economic data as he deems relevant, the amount by which the employee’s average weekly wage shall be increased for the pre-1947 period.
(2) Fifty per centum of any additional compensation or death benefit paid as a result of the adjustment required by paragraphs (1) and (3) of this subsection shall be paid out of 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), and 50 per centum shall be paid from appropriations.
(3) For the purposes of subsections (f) and (g) an injury which resulted in permanent total disability or death which occurred prior to October 27, 1972, shall be considered to have occurred on the day following such date.
**(i)** For purposes of this section with respect to a claim for compensation for death or disability due to an occupational disease which does not immediately result in death or disability, the time of injury shall be deemed to be the date on which 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.
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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) 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
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) 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)
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Federal law — U.S. Code and appendices · legal_authorities
Page 293
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 910
EFFECTIVE DATE OF 1948 AMENDMENT
Amendment by act June 24, 1948, applicable to death
or injuries occurring after June 24, 1948, see section 6 of
act June 24, 1948, set out as a note under section 906 of
this title.
§ 910. Determination of pay
Except as otherwise provided in this chapter,
the average weekly wage of the injured em-
ployee at the time of the injury shall be taken
as the basis upon which to compute compensa-
tion and shall be determined as follows:
(a) If the injured employee shall have worked
in the employment in which he was working at
the time of the injury, whether for the same or
another employer, during substantially the
whole of the year immediately preceding his in-
jury, his average annual earnings shall consist
of three hundred times the average daily wage
or salary for a six-day worker and two hundred
and sixty times the average daily wage or salary
for a five-day worker, which he shall have
earned in such employment during the days
when so employed.
(b) If the injured employee shall not have
worked in such employment during substan-
tially the whole of such year, his average annual
earnings, if a six-day worker, shall consist of
three hundred times the average daily wage or
salary, and, if a five-day worker, two hundred
and sixty times the average daily wage or sal-
ary, which an employee of the same class work-
ing substantially the whole of such immediately
preceding year in the same or in similar employ-
ment in the same or a neighboring place shall
have earned in such employment during the
days when so employed.
(c) If either of the foregoing methods of arriv-
ing at the average annual earnings of the in-
jured employee cannot reasonably and fairly be
appli
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 910
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