What US Longshore and Harbor Workers' Compensation Act (33 USC ch 18): Maritime Workers' Compensation requires
The Longshore and Harbor Workers' Compensation Act (33 U.S.C. ch. 18) provides a no-fault workers' compensation system for maritime workers injured on the navigable waters of the United States and adjoining areas such as piers and terminals, administered by the Department of Labor Office of Workers' Compensation Programs. Section 904 makes every employer liable for and required to secure the payment of compensation to its employees, and provides that compensation is payable irrespective of fault as a cause of the injury; where a subcontractor fails to secure payment, the general contractor is liable. Section 905 makes the compensation liability exclusive and in place of all other liability of the employer to the employee, subject to the employee's right to sue a negligent vessel under section 905(b). Section 908 sets the compensation for disability, including schedules for permanent partial disability, and section 909 covers death benefits. Section 907 provides medical benefits. Section 919 sets the procedure for claims before an administrative law judge, and section 921 provides for review. Section 932 requires the employer to secure compensation through insurance or self-insurance, and section 948a prohibits discrimination against an employee who claims or testifies. The Act is the legal foundation for US maritime workers' compensation, distinct from the Jones Act remedy for seamen.
Pillar: Maritime & Shipping · Authority: US Congress / Department of Labor Office of Workers' Compensation Programs · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title33/html/USCODE-2022-title33-chap18.htm
SHA-256 integrity: 2aeccb9736e4aafe017e197231de6546470d92ad942a0d333730bd74870fedd5
Primary Citations — 8 traced to source
- Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 902 - definitions, including employee and situs.
- Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 904 - liability for compensation; payable irrespective of fault.
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