Public Law 119-73 (01/23/2026)

33 U.S.C. § 904

Liability for compensation

(a)
Every employer shall be liable for and shall secure 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, 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 subcontractor shall not be deemed to have failed to secure the payment of compensation if the contractor has provided insurance for such compensation 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, § 444 Stat. 1426Pub. L. 98–426, § 4(a)98 Stat. 1641(, ; , , .)

Editorial Notes

Amendments

Pub. L. 98–4261984—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Every employer shall be liable for and shall secure 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 payment of such compensation to employees of the subcontractor unless the subcontractor has secured such payment.”

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

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