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 loading, unloading, repairing, or building a vessel. Par. (14). Pub. L. 92–576, § 3(b), defined ‘‘child, grand- child, brother, and sister’’ to include a student as de- fined in par. (19) of this section. Par. (16). Pub. L. 92–576, § 20(c)(1), consolidated provi- sions of former par. (16) definition of ‘‘widow’’ and former par. (17) definition of ‘‘widower’’ in one defini- tion of ‘‘widow or widower’’; and in redefining ‘‘wid- ower’’, substituted provision for decedent’s husband liv- ing with or dependent upon wife for support at time of her death, for prior provision for decedent’s husband living with and dependent upon wife for support at time of her death, and included decedent’s husband living apart from wife for justifiable cause or by reason of her desertion at time of her death. Par. (17). Pub. L. 92–576, § 20(c)(1), redesignated former par. (18) definition of ‘‘adoption’’ or ‘‘adopted’’ as par. (17). Former par. (17) definition of ‘‘widower’’ incor- porated in par. (16). Par. (18). Pub. L. 92–576, §§ 3(a), 20(c)(1), added par. (19) definition of ‘‘student’’ and redesignated such par. (19) as par. (18). Former par. (18) definition of ‘‘adoption’’ or ‘‘adopted’’ redesignated par. (17). Par. (19). Pub. L. 92–576, §§ 5(b), 20(c)(1), added par. (20) definition of ‘‘national average weekly wage’’ and re- designated such par. (20) as par. (19). Former par. (19) definition of ‘‘student’’ redesignated par. (18). Par. (20). Pub. L. 92–576, §§ 15(c), 20(c)(1), added par. (21) definition of ‘‘Board’’ and redesignated such par. (21) as par. (20). Former par. (20) definition of ‘‘national average weekly wage’’ redesignated par. (19). Par. (21). Pub. L. 92–576, §§ 18(b), 20(c)(1), added par. (22) definition of ‘‘vessel’’ and redesignated such par. (22) as par. (21). Former par. (21) definition of ‘‘Board’’ redesignated par. (20). Par. (22). Pub. L. 92–576, §§ 3(a), 5(b), 15(c), 18(b), 20(c)(1), redesignated former par. (19) definition of ‘‘sin- gular’’ as pars. (20), (21), (22), (23), and (22) again. Former par. (22) definition of ‘‘vessel’’ redesignated par. (21). 1938—Par. (14). Act June 25, 1938, included within defi- nition of child, ‘‘a child in relation to whom the de- ceased employee stood in loco parentis for at least one year prior to the time of injury’’ and within definition of child, grandchild, brother, and sister ‘‘persons who though eighteen years of age or over, are wholly de- pendent upon the deceased employee and incapable of self-support by reason of mental or physical dis- ability’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 ef- fective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see sec- tion 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–576, § 20(c)(3), Oct. 27, 1972, 86 Stat. 1265, provided that: ‘‘The amendments made by this sub- section [amending this section and section 909 of this title] shall apply only with respect to deaths or injuries occurring after the enactment of this Act, [Oct. 27, 1972].’’ Pub. L. 92–576, § 22, Oct. 27, 1972, 86 Stat. 1265, provided that: ‘‘The amendments made by this Act [see Short Title note set out under section 901 of this title] shall become effective thirty days after the date of enact- ment of this Act [Oct. 27, 1972].’’ Executive Documents TRANSFER OF FUNCTIONS Prior to the amendment of this chapter by Pub. L. 98–426, the word ‘‘Secretary’’ meaning the Secretary of Labor had been substituted for the word ‘‘commission’’ meaning the United States Employees’ Compensation Commission throughout this chapter even when not ex- pressly so directed by statute in view of the transfer of the functions of the commission first to the Federal Se- curity Administrator by Reorg. Plan No. 2 of 1946, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, and later to the Secretary of Labor by Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271. Where such substitution had thus been made the statutory substi- tution of terms by Pub. L. 98–426 required no change in text. § 903. Coverage (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 chap- ter in respect of disability or death of an em- ployee, but only if the disability or death results from an injury occurring upon the navigable wa- ters of the United States (including any adjoin- ing pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, un- loading, 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 sub- division 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 em- ployee to injure or kill himself or another. Page 281 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 904 (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 launch- ing vessels, or facility over land for hauling, lift- ing, or drydocking vessels. (2) Notwithstanding paragraph (1), compensa- tion 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 re- ceives Federal maritime subsidies; or (B) if the employee is not subject to cov- erage 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 meas- ured under section 14502 of title 46, or an alter- nate 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 shall be credited against any li- ability imposed by this chapter. (Mar. 4, 1927, ch. 509, § 3, 44 Stat. 1426; Pub. L. 92–576, §§ 2(c), 21, Oct. 27, 1972, 86 Stat. 1251, 1265; Pub. L. 98–426, § 3, Sept. 28, 1984, 98 Stat. 1640; Pub. L. 104–324, title VII, § 703, Oct. 19, 1996, 110 Stat. 3933.) Editorial Notes CODIFICATION In subsec. (e), ‘‘section 30104 of title 46’’ substituted for ‘‘section 20 of the Act of March 4, 1915 (38 Stat. 1185, chapter 153; 46 U.S.C. 688) (relating to recovery for in- jury to or death of seamen)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act en- acted section 30104 of Title 46, Shipping. AMENDMENTS 1996—Subsec. (d)(3)(B). Pub. L. 104–324 inserted before period at end ‘‘as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that title’’. 1984—Subsec. (a). Pub. L. 98–426, § 3(a), inserted intro- ductory language relating to exceptions provided for elsewhere in this section, redesignated existing par. (1) as subsec. (b), and struck out existing par. (2) which had excepted from coverage masters and crew members or persons engaged by such masters or crew members to load, unload, or repair vessels under 18 tons net. Subsec. (b). Pub. L. 98–426, § 3(a), redesignated as sub- sec. (b) provisions formerly set out in subsec. (a)(2). Former subsec. (b) redesignated (c). Subsecs. (c) to (e). Pub. L. 98–426, § 3(a), (b), redesig- nated former subsec. (b) as (c) and added subsecs. (d) and (e). 1972—Subsec. (a). Pub. L. 92–576, § 2(c), substituted provisions respecting coverage of injuries occurring upon navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area custom- arily used by an employer in loading, unloading, repair- ing, or building a vessel, for prior provisions respecting coverage of such injuries upon navigable waters and if recovery for the disability or death through workmen’s compensation proceedings may not validly be provided by State law. Subsec. (a)(1). Pub. L. 92–576, § 21, substituted ‘‘or’’ for ‘‘nor’’ before ‘‘any person engaged by the master’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 3(a) of Pub. L. 98–426 applica- ble with respect to any injury after Sept. 28, 1984, and amendment by section 3(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after Sept. 28, 1984, and to claims pending on that date, see section 28(a), (c) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title. DISTRICT OF COLUMBIA The Longshoremen’s and Harbor Workers’ Compensa- tion Act [this chapter] was made applicable in respect to the injury or death of an employee of an employer carrying on any employment in the District of Colum- bia, by act May 17, 1928, ch. 612, 45 Stat. 600, as amend- ed. § 904. Liability for compensation (a) Every employer shall be liable for and shall secure the payment to his employees of the com- pensation payable under sections 907, 908, and 909 of this title. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. A sub- contractor shall not be deemed to have failed to secure the payment of compensation if the con- tractor has provided insurance for such com- pensation for the benefit of the subcontractor. (b) Compensation shall be payable irrespective of fault as a cause for the injury. (Mar. 4, 1927, ch. 509, § 4, 44 Stat. 1426; Pub. L. 98–426, § 4(a), Sept. 28, 1984, 98 Stat. 1641.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–426 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Every employer shall be liable for and shall se- cure the payment to his employees of the compensation payable under sections 907, 908, and 909 of this title. In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the pay- ment of such compensation to employees of the subcon- tractor unless the subcontractor has secured such pay- ment.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after