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Title 33 — Navigation and Navigable Waters

Chapter 18 — Longshore and Harbor Workers’ Compensation

§ 904. Liability for compensation

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 69–509 § 4 · 44 Stat. 1424

    Enacted · 33 U.S.C. § 904

    Mar. 4, 1927, ch. 509, § 4, 44 Stat. 1426

    Source evidence

    Code source credit
    Mar. 4, 1927, ch. 509, § 4, 44 Stat. 1426

  2. Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 4(a) · 98 Stat. 1639

    Amended · 33 U.S.C. § 904(a)

    Pub. L. 98–426 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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–426 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.”

    Enacted provision · exact public law section
    (a) Section 4(a) is amended to read as follows: 33 USC 904. “Sec. 4. (a) Every employer shall be liable for and shall secure the payment to his employees of the compensation payable under sections 7, 8, and 9. In the case of an employer who is a subcontractor, 33 USC 907–909. 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.”.

    Effective date note
    Amendment by 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) of Pub. L. 98–426, set out as a note under section 901 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–426 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

Amendment by Pub. L. 98–426 effective , and applicable both with respect to claims filed after , 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.

Credits

1927–1984 · 2 acts
  1. 1927Mar. 4, 1927, ch. 509, § 4, 44 Stat. 1426
  2. 1984Pub. L. 98–426, § 4(a), , 98 Stat. 1641.
Show as published

(Mar. 4, 1927, ch. 509, § 4, 44 Stat. 1426; Pub. L. 98–426, § 4(a), , 98 Stat. 1641.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s904