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33 U.S.C. § 912 — Notice of injury or death
Federal law — U.S. Code and appendices · legal_authorities
**(a) Time limitation** Notice of an injury or death in respect of which compensation is payable under this chapter shall be given within thirty days after the date of such injury or death, or thirty days after the employee or beneficiary is aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of a relationship between the injury or death and the employment, except that in the case of an occupational disease which does not immediately 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 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. Notice shall be given (1) to the deputy commissioner in the compensation district in which the injury or death occurred, and (2) to the employer.
**(b) Form and content** Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or in case of death, by any person claiming to be entitled to compensation for such death or by a person on his behalf.
**(c) Delivery requirements** Notice shall be given to the deputy commissioner by delivering it to him or sending it by mail addressed to his office, and to the employer by delivering it to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, or if a corporation, such notice may be given to any agent or officer thereof upon whom legal process may be served or who is in ch
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Source location: Title 33, Chapter 18, § 912; chapter-018-longshore-and-harbor-workers-compensation.md
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**(a) Time limitation** Notice of an injury or death in respect of which compensation is payable under this chapter shall be given within thirty days after the date of such injury or death, or thirty days after the employee or beneficiary is aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of a relationship between the injury or death and the employment, except that in the case of an occupational disease which does not immediately 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 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. Notice shall be given (1) to the deputy commissioner in the compensation district in which the injury or death occurred, and (2) to the employer.
**(b) Form and content** Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or in case of death, by any person claiming to be entitled to compensation for such death or by a person on his behalf.
**(c) Delivery requirements** Notice shall be given to the deputy commissioner by delivering it to him or sending it by mail addressed to his office, and to the employer by delivering it to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, or if a corporation, such notice may be given to any agent or officer thereof upon whom legal process may be served or who is in charge of the business in the place where the injury occurred. Each employer shall designate those agents or other responsible officials to receive such notice, except that the employer shall designate as its representatives individuals among first line supervisors, local plant management, and personnel office officials. Such designations shall be made in accordance with regulations prescribed by the Secretary and the employer shall notify his employees and the Secretary of such designation in a manner prescribed by the Secretary in regulations.
**(d) Failure to give notice** Failure to give such notice shall not bar any claim under this chapter (1) if the employer (or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c)) or the carrier had knowledge of the injury or death, (2) the deputy commissioner determines that the employer or carrier has not been prejudiced by failure to give such notice, or (3) if the deputy commissioner excuses such failure on the ground that (i) notice, while not given to a responsible official designated by the employer pursuant to subsection (c) of this section, was given to an official of the employer 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 reason such notice could not be given; nor unless objection to such failure is raised before the deputy commissioner at the first hearing of a claim for compensation in respect of such injury or death.
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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
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
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Manner of payment** Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer.
**(b) Period of installment payments** The first installment of compensation shall become due on the fourteenth day after the employer has been notified pursuant to [section 912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section912&num=0&edition=prelim), or the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. Thereafter compensation shall be paid in installments, semimonthly, except where the deputy commissioner determines that payment in installments should be made monthly or at some other period.
**(c) Notification of commencement or suspension of payment** Upon making the first payment, and upon suspension of payment for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the Secretary, that payment of compensation has begun or has been suspended, as the case may be.
**(d) Right to compensation controverted** If the employer controverts the right to compensation he shall file with the deputy commissioner on or before the fourteenth day after he has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverted.
**(e) Additional compensation for overdue installment payments payable without award** If any installment of compe
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Every policy or contract of insurance issued under authority of this chapter shall contain (1) a provision to carry out the provisions of [section 935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section935&num=0&edition=prelim), and (2) a provision that insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract.
**(b)** No contract or policy of insurance issued by a carrier under this chapter shall be canceled prior to the date specified in such contract or policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the deputy commissioner and to the employer in accordance with the provisions of subsection (c) of [section 912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section912&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 294
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 911
ability 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 employ-
ment, the disease, and the death or disability.
(Mar. 4, 1927, ch. 509, § 10, 44 Stat. 1431; June 24,
1948, ch. 623, § 4, 62 Stat. 603; Pub. L. 92–576, § 11,
Oct. 27, 1972, 86 Stat. 1258; Pub. L. 98–426, § 10,
Sept. 28, 1984, 98 Stat. 1647.)
Editorial Notes
AMENDMENTS
1984—Subsec. (d). Pub. L. 98–426, § 10(a)(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (f). Pub. L. 98–426, § 10(b), substituted ‘‘subject
to this chapter’’ for ‘‘sustained after October 27, 1972,’’
and inserted ‘‘the lesser of—’’ after ‘‘by’’ in introduc-
tory language, designated balance of existing provi-
sions as par. (1), substituted ‘‘; or’’ for a period at end
of par. (1), and added par. (2).
Subsec. (i). Pub. L. 98–426, § 10(a)(2), added subsec. (i).
1972—Subsecs. (f) to (h). Pub. L. 92–576 added subsecs.
(f) to (h).
1948—Subsec. (a). Act June 24, 1948, included a factor
(a 260 multiplier) so as to make this subsec. useful in
5-day week employments.
Subsec. (b). Act June 24, 1948, included the new factor
(a 260 multiplier) to make this subsec. consistent with
subsec. (a).
Subsec. (c). Act June 24, 1948, permitted the inclusion
of all earnin
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 912
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