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33 U.S.C. § 903 — Coverage

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

33 U.S.C. § 903 — Coverage

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Source location: Title 33, Chapter 18, § 903; chapter-018-longshore-and-harbor-workers-compensation.md

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**(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 facility receives Federal maritime subsidies; or (B) if the employee is not subject to coverage 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 measured under [section 14502 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104&num=0&edition=prelim) shall be credited against any liability imposed by this chapter.

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

46 U.S.C. § 30104 — Personal injury to or death of seamen

**(a) In General.—** A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. **(b) Limitation on Recovery by Aquaculture Workers.—** (1) **In general.—** — For purposes of subsection (a), the term “seaman” does not include an individual who— (A) is an aquaculture worker if State workers’ compensation is available to such individual; and (B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access. (2) **Aquaculture worker defined.—** — In this subsection, the term “aquaculture worker” means an individual who— (A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including— (i) the cleaning, processing, or canning of fish and fish products; (ii) the cultivation and harvesting of shellfish; and (iii) the controlled growing and harvesting of other aquatic species; (B) does not hold a license issued under section 7101(c); and (C) is not required to hold a merchant mariner credential under part F of subtitle II.

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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

46 U.S.C. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

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

33 U.S.C. § 902 — Definitions

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

33 U.S.C. § 903 — Coverage

Page 280 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 903 ‘‘The term ‘commission’ means the United States Em- ployees’ Compensation Commission’’. Par. (10). Pub. L. 98–426, § 2(b), inserted ‘‘; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title’’. Par. (13). Pub. L. 98–426, § 2(c), amended par. (13) gen- erally. Prior to amendment, par. (13) read as follows: ‘‘ ‘Wages’ means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reason- able value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer’’. Par. (21). Pub. L. 98–426, § 5(a)(2), substituted ‘‘Unless the context requires otherwise, the’’ for ‘‘The’’. 1972—Par. (3). Pub. L. 92–576, § 2(a), defined ‘‘em- ployee’’ to mean any person engaged in maritime em- ployment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker and substituted ‘‘or’’ for ‘‘nor’’ before ‘‘any person engaged by the master’’. Par. (4). Pub. L. 92–576, § 2(b), defined ‘‘employer’’ to include an employer any of whose employees are em- ployed in maritime employment 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 loadi

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