33 U.S.C. § 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 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)

section 14502 of title 46 a commercial tugboat, towboat, crew boat, supply boat, fishing vessel, or other work vessel which is under 1,600 tons gross as measured under , 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

section 30104 of title 46Notwithstanding 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 shall be credited against any liability imposed by this chapter.

Mar. 4, 1927, ch. 509, § 3 44 Stat. 1426 Pub. L. 92–576Oct. 27, 197286 Stat. 1251 Pub. L. 98–426, § 3Sept. 28, 198498 Stat. 1640 Pub. L. 104–324, title VII, § 703Oct. 19, 1996110 Stat. 3933(, ; , §§ 2(c), 21, , , 1265; , , ; , , .)

Editorial Notes

Codification

section 30104 of title 46 section 20 of the Act of March 4, 1915 38 Stat. 1185 46 U.S.C. 688 Pub. L. 109–304, § 18(c)Oct. 6, 2006120 Stat. 1709 section 30104 of Title 46In subsec. (e), “” substituted for “ (, chapter 153; ) (relating to recovery for injury to or death of seamen)” on authority of , , , which Act enacted , Shipping.

Amendments

Pub. L. 104–324 section 14502 of title 461996—Subsec. (d)(3)(B). inserted before period at end “as measured under , or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that title”.

Pub. L. 98–426, § 3(a)1984—Subsec. (a). , inserted introductory 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.

Pub. L. 98–426, § 3(a)Subsec. (b). , redesignated as subsec. (b) provisions formerly set out in subsec. (a)(2). Former subsec. (b) redesignated (c).

Pub. L. 98–426, § 3(a)Subsecs. (c) to (e). , (b), redesignated former subsec. (b) as (c) and added subsecs. (d) and (e).

Pub. L. 92–576, § 2(c)1972—Subsec. (a). , 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 customarily used by an employer in loading, unloading, repairing, 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.

Pub. L. 92–576, § 21Subsec. (a)(1). , substituted “or” for “nor” before “any person engaged by the master”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

section 3(a) of Pub. L. 98–426Sept. 28, 1984section 3(b) of Pub. L. 98–426Sept. 28, 1984Sept. 28, 1984Pub. L. 98–426 section 901 of this titleAmendment by applicable with respect to any injury after , and amendment by effective , and applicable both with respect to claims filed after , and to claims pending on that date, see section 28(a), (c) of , set out as a note under .

Effective Date of 1972 Amendment

Pub. L. 92–576Oct. 27, 1972section 22 of Pub. L. 92–576 section 902 of this titleAmendment by effective 30 days after , see , set out as a note under .

District of Columbia

act May 17, 1928, ch. 612 45 Stat. 600The Longshoremen’s and Harbor Workers’ Compensation 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 Columbia, by , , as amended.