33 U.S.C. § 903
Section 903 · Coverage
Viewing 33 U.S.C. § 903 as in effect on October 5, 1989. The text changed in 1 later edition (most recent October 19, 1996).
View current version →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).
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.
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.
(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) a commercial tugboat, towboat, crew boat, supply boat, fishing vessel, or other work vessel which is under 1,600 tons gross.
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 688 of title 46, Appendix (relating to recovery for injury to or death of seamen), shall be credited against any liability imposed by this chapter.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1984—Subsec. (a). Pub. L. 98–426, §3(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.
Subsec. (b). Pub. L. 98–426, §3(a), redesignated as subsec. (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), redesignated 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 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.
Subsec. (a)(1). Pub. L. 92–576, §21, substituted “or” for “nor” before “any person engaged by the master”.
Effective Date of 1984 Amendment
Amendment by section 3(a) of Pub. L. 98–426 applicable 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’ 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 act May 17, 1928, ch. 612, 45 Stat. 600, as amended. See D.C. Law 3–77 (D.C. Code, §36–301 et seq.).
Cross References
Compensation for disability or death to persons employed at Military, Air and Naval Bases outside the United States, application of chapter, see sections 1651 to 1654 of Title 42, The Public Health and Welfare.
Compensation for injuries to United States employees, see section 8101 et seq. of Title 5, Government Organization and Employees.
Compensation for injury, death, or detention of employees of contractors with United States outside of the United States, application of chapter, see sections 1701 et seq. of Title 42, The Public Health and Welfare.
Employees of nonappropriation fund instrumentalities of armed services, see section 8171 et seq. of Title 5, Government Organization and Employees.
Presumptions, see section 920 of this title.