§ 905. Exclusiveness of liability

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. 1927

   Pub. L. 69–509 § 5 · 44 Stat. 1424

   Enacted · 33 U.S.C. § 905

   Mar. 4, 1927, ch. 509, § 5, 44 Stat. 1426

   Source evidence

   Code source credit
   Mar. 4, 1927, ch. 509, § 5, 44 Stat. 1426

2. 1972

   Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972

   Pub. L. 92–576 § 18(a) · 86 Stat. 1251

   1. Amended · 33 U.S.C. § 905

      Pub. L. 92–576 designated existing provisions as subsec. (a)

   2. Substituted · 33 U.S.C. § 905

      Pub. L. 92–576 substituted “the chapter” for “this chapter”

   3. Added · 33 U.S.C. § 905

      Pub. L. 92–576 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 92–576 designated existing provisions as subsec. (a), substituted “the chapter” for “this chapter”, and added subsec. (b).

   Enacted provision · exact public law section
   (a) Section 5 of the Longshoremen’s and Harbor Workers’ Compensation Act is amended to read as follows: 44 Stat. 1426. 33 USC 905. “Sec. 5. “exclusiveness of remedy and third-party liability (a) The liability of an employer prescribed in section 4 shall 33 USC 904. be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except that if an employer fails to secure payment of compensation as required by this Act, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under the Act, or to maintain an action at law or in admiralty for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee. “(b) In the event of injury to a person covered under this Act caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions or section 33 of this Act, and the employer shall not be liable to the Ante, p. 1262. vessel for such damages directly or indirectly and any agreements or warranties to the contrary shall be void. If such person was employed by the vessel to provide stevedoring services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing stevedoring services to the vessel. If such person was employed by the vessel to provide, ship building or repair services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing snip building or repair services to the vessel. The liability of the vessel under this subsection shall not be based upon the warranty of seaworthiness or a breach thereof at the time the injury occurred. The remedy provided in this subsection shall be exclusive of all other remedies against the vessel except remedies available under this Act.”

3. 1984

   Longshore and Harbor Workers’ Compensation Act Amendments of 1984

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

   Inserted · 33 U.S.C. § 905(a)

   Pub. L. 98–426, § 4(b), inserted at end “For purposes of this subsection, a contractor shall be deemed the employer of a subcontractor’s employees only if the subcontractor fails to secure the payment of compensation as required by section 904 of this title.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–426, § 4(b), inserted at end “For purposes of this subsection, a contractor shall be deemed the employer of a subcontractor’s employees only if the subcontractor fails to secure the payment of compensation as required by section 904 of this title.”

   Enacted provision · exact public law section
   (b) Section 5(a) is amended by adding at the end thereof the 33 USC 905. following new sentence: “For purposes of this subsection, a contractor shall be deemed the employer of a subcontractor’s employees only if the subcontractor fails to secure the payment of compensation as required by section 4.”.

   Effective date note
   Amendment by section 4(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, and amendment by section 5(a)(1), (b) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, see section 28(a), (c) of Pub. L. 98–426, set out as a note under section 901 of this title.

4. 1984

   Longshore and Harbor Workers’ Compensation Act Amendments of 1984

   Pub. L. 98–426 § 5(a)(1) · 98 Stat. 1639

   Substituted · 33 U.S.C. § 905(b)

   Pub. L. 98–426, § 5(a)(1), substituted “If such person was employed to provide shipbuilding, repairing, or breaking services and such person’s employer was the owner, owner pro hac vice, agent, operator, or charterer of the vessel, no such action shall be permitted, in whole or in part or directly or indirectly, against the injured person’s employer (in any capacity, including as the vessel’s owner, owner pro hac vice, agent, operator, or charterer) or against the employees of the employer” for “If such person was employed by the vessel to provide ship building or repair services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing ship building or repair services to the vessel”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–426, § 5(a)(1), substituted “If such person was employed to provide shipbuilding, repairing, or breaking services and such person’s employer was the owner, owner pro hac vice, agent, operator, or charterer of the vessel, no such action shall be permitted, in whole or in part or directly or indirectly, against the injured person’s employer (in any capacity, including as the vessel’s owner, owner pro hac vice, agent, operator, or charterer) or against the employees of the employer” for “If such person was employed by the vessel to provide ship building or repair services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing ship building or repair services to the vessel”.

   Enacted provision · exact public law section
   (1) The third sentence of section 5(b) is amended to read 33 USC 905. as follows: “If such person was employed to provide shipbuilding, repairing, or breaking services and such person’s employer was the owner, owner pro hac vice, agent, operator, or charterer of the vessel, no such action shall be permitted, in whole or in part or directly or indirectly, against the injured person’s employer (in any capacity, including as the vessel’s owner, owner pro hac vice, agent, operator, or charterer) or against the employees of the employer.”,

   Effective date note
   Amendment by section 4(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, and amendment by section 5(a)(1), (b) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, see section 28(a), (c) of Pub. L. 98–426, set out as a note under section 901 of this title.

5. 1984

   Longshore and Harbor Workers’ Compensation Act Amendments of 1984

   Pub. L. 98–426 § 5(b) · 98 Stat. 1639

   Added · 33 U.S.C. § 905(c)

   Pub. L. 98–426, § 5(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–426, § 5(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Section 5 is amended by adding at the end thereof the following Supra. new subsection: “(c) In the event that the negligence of a vessel causes injury to a person entitled to receive benefits under this Act by virtue of section 4 of the Outer Continental Shelf Lands Act (43 U.S.C. 1333), then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel in accordance with the provisions of subsection (b) of this section. Nothing contained in subsection (b) of this section shall preclude the enforcement according to its terms of any reciprocal indemnity provision whereby the employer of a person entitled to receive benefits under this Act by virtue of section 4 of the Outer Continental Shelf Lands Act (43 U.S.C. 1333) and the vessel agree to defend and indemnify the other for cost of defense and loss or liability for damages arising out of or resulting from death or bodily injury to their employees.”.

   Effective date note
   Amendment by section 4(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, and amendment by section 5(a)(1), (b) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, see section 28(a), (c) of Pub. L. 98–426, set out as a note under section 901 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial