33 U.S.C. § 905 — Exclusiveness of liability

Page 282 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 905 Sept. 28, 1984, and to claims pending on that date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title. § 905. Exclusiveness of liability (a) Employer liability; failure of employer to se- cure payment of compensation The liability of an employer prescribed in sec- tion 904 of this title shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except that if an employer fails to secure payment of com- pensation as required by this chapter, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under the chapter, or to maintain an action at law or in admiralty for damages on account of such injury or death. In such action the defendant may not plead as a de- fense that the injury was caused by the neg- ligence of a fellow servant, or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee. For purposes of this subsection, a contractor shall be deemed the employer of a subcontractor’s employees only if the subcon- tractor fails to secure the payment of compensa- tion as required by section 904 of this title. (b) Negligence of vessel In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions of section 933 of this title, and the employer shall not be liable to the vessel for such damages di- rectly or indirectly and any agreements or war- ranties to the contrary shall be void. If such per- son was employed by the vessel to provide steve- doring services, no such action shall be per- mitted if the injury was caused by the neg- ligence of persons engaged in providing steve- doring services to the vessel. If such person was employed to provide shipbuilding, repairing, or breaking services and such person’s employer was the owner, owner pro hac vice, agent, oper- ator, or charterer of the vessel, no such action shall be permitted, in whole or in part or di- rectly or indirectly, against the injured person’s employer (in any capacity, including as the ves- sel’s owner, owner pro hac vice, agent, operator, or charterer) or against the employees of the employer. The liability of the vessel under this subsection shall not be based upon the warranty of seaworthiness or a breach thereof at the time the injury occurred. The remedy provided in this subsection shall be exclusive of all other rem- edies against the vessel except remedies avail- able under this chapter. (c) Outer Continental Shelf In the event that the negligence of a vessel causes injury to a person entitled to receive ben- efits under this Act by virtue of section 1333 of title 43, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel in ac- cordance with the provisions of subsection (b) of this section. Nothing contained in subsection (b) of this section shall preclude the enforcement according to its terms of any reciprocal indem- nity provision whereby the employer of a person entitled to receive benefits under this chapter by virtue of section 1333 of title 43 and the vessel agree to defend and indemnify the other for cost of defense and loss or liability for damages aris- ing out of or resulting from death or bodily in- jury to their employees. (Mar. 4, 1927, ch. 509, § 5, 44 Stat. 1426; Pub. L. 92–576, § 18(a), Oct. 27, 1972, 86 Stat. 1263; Pub. L. 98–426, §§ 4(b), 5(a)(1), (b), Sept. 28, 1984, 98 Stat. 1641.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–426, § 4(b), inserted at end ‘‘For purposes of this subsection, a contractor shall be deemed the employer of a subcontractor’s employees only if the subcontractor fails to secure the payment of compensation as required by section 904 of this title.’’ Subsec. (b). Pub. L. 98–426, § 5(a)(1), substituted ‘‘If such person was employed to provide shipbuilding, re- pairing, or breaking services and such person’s em- ployer was the owner, owner pro hac vice, agent, oper- ator, or charterer of the vessel, no such action shall be permitted, in whole or in part or directly or indirectly, against the injured person’s employer (in any capacity, including as the vessel’s owner, owner pro hac vice, agent, operator, or charterer) or against the employees of the employer’’ for ‘‘If such person was employed by the vessel to provide ship building or repair services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing ship building or repair services to the vessel’’. Subsec. (c). Pub. L. 98–426, § 5(b), added subsec. (c). 1972—Pub. L. 92–576 designated existing provisions as subsec. (a), substituted ‘‘the chapter’’ for ‘‘this chap- ter’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 4(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, and amendment by section 5(a)(1), (b) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, 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. § 906. Compensation (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: Provided, however, That in case the injury results in dis- ability of more than fourteen days the com- pensation 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