Title 33 — Navigation and Navigable Waters
Chapter 18 — Longshore and Harbor Workers’ Compensation
§ 909. Compensation for death
Statutory text
If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:
Reasonable funeral expenses not exceeding $3,000.
If there be a widow or widower and no child of the deceased, to such widow or widower 50 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood, with two years’ compensation in one sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 16⅔ per centum of such wages for each such child; in case of the death or remarriage of such widow or widower, if there be one surviving child of the deceased employee, such child shall have his compensation increased to 50 per centum of such wages, and if there be more than one surviving child of the deceased employee, to such children, in equal parts, 50 per centum of such wages increased by 16⅔ per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 66⅔ per centum of such wages. The deputy commissioner having jurisdiction over the claim may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment of a guardian for such purposes shall not be necessary.
If there be one surviving child of the deceased, but no widow or widower, then for the support of such child 50 per centum of the wages of the deceased; and if there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 50 per centum of such wages increased by 16⅔ per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 66⅔ per centum of such wages.
If there be no surviving wife or husband or child, or if the amount payable to a surviving wife or husband and to children shall be less in the aggregate than 66⅔ per centum of the average wages of the deceased; then for the support of grandchildren or brothers and sisters, if dependent upon the deceased at the time of the injury, and any other persons who satisfy the definition of the term “dependent” in section 152 of title 26, but are not otherwise eligible under this section, 20 per centum of such wages for the support of each such person during such dependency and for the support of each parent, or grandparent, of the deceased if dependent upon him at the time of the injury, 25 per centum of such wages during such dependency. But in no case shall the aggregate amount payable under this subsection exceed the difference between 66⅔ per centum of such wages and the amount payable as hereinbefore provided to widow or widower and for the support of surviving child or children.
In computing death benefits, the average weekly wages of the deceased shall not be less than the national average weekly wage as prescribed in section 906(b) of this title, but—
the total weekly benefits shall not exceed the lesser of the average weekly wages of the deceased or the benefit which the deceased employee would have been eligible to receive under section 906(b)(1) of this title; and
in the case of a claim based on death due to an occupational disease for which the time of injury (as determined under section 910(i) of this title) occurs after the employee has retired, the total weekly benefits shall not exceed one fifty-second part of the employee’s average annual earnings during the 52-week period preceding retirement.
All questions of dependency shall be determined as of the time of the injury.
Aliens: Compensation under this chapter to aliens not residents (or about to become nonresidents) of the United States or Canada shall be the same in amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year prior to the date of the injury, and except that the Secretary may, at his option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the Secretary.
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.
Pub. L. 69–509 § 9 · 44 Stat. 1424
Enacted · 33 U.S.C. § 909
Mar. 4, 1927, ch. 509, § 9, 44 Stat. 1429
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 9, 44 Stat. 1429Public Law not identified
Struck · 33 U.S.C. § 909(b)(d)
Subsecs. (b) to (d). Act June 25, 1938, struck out references to children as being under eighteen years of age
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsecs. (b) to (d). Act June 25, 1938, struck out references to children as being under eighteen years of age.Public Law not identified
Changed · 33 U.S.C. § 909(a)
Subsec. (a). Act June 24, 1948, increased funeral expenses from $200 to $400
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act June 24, 1948, increased funeral expenses from $200 to $400.Public Law not identified
Changed · 33 U.S.C. § 909(b)
Subsec. (b). Act June 24, 1948, increased benefits to children of deceased workmen from 10 percent to 15 percent
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act June 24, 1948, increased benefits to children of deceased workmen from 10 percent to 15 percent.Public Law not identified
Changed · 33 U.S.C. § 909(c)
Subsec. (c). Act June 24, 1948, increased death benefits of orphaned children from 15 percent to 35 percent
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act June 24, 1948, increased death benefits of orphaned children from 15 percent to 35 percent.Public Law not identified
Changed · 33 U.S.C. § 909(e)
Subsec. (e). Act June 24, 1948, correlated basis for computing death benefits with basis for computing disability benefits under section 906(b) of this title
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Act June 24, 1948, correlated basis for computing death benefits with basis for computing disability benefits under section 906(b) of this title.Public Law not identified
Substituted · 33 U.S.C. § 909(e)
Subsec. (e). Act July 26, 1956, substituted “$81” for “$52.50”
Substituted · 33 U.S.C. § 909(e)
Subsec. (e). Act July 26, 1956, substituted “$27” for “$18”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Act July 26, 1956, substituted “$81” for “$52.50” and “$27” for “$18”.Pub. L. 87–87 § 2 · 75 Stat. 203
Changed · 33 U.S.C. § 909(e)
Pub. L. 87–87 increased the maximum limitation with respect to average weekly wages from “$81” to “$105” in the computation of death benefits
Source evidence
Code amendment note
Subsec. (e). Pub. L. 87–87 increased the maximum limitation with respect to average weekly wages from “$81” to “$105” in the computation of death benefits.Enacted provision · exact public law section
Sec. 2. Section 9(e) of the said Act is hereby amended to read as 70 Stat. 655. 33 USC 909. follows: “(e) In computing death benefits the average weekly wages of the deceased shall be considered to have been not more than $105 nor less than $27 but the total weekly compensation shall not exceed the weekly wages of the deceased.”Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 5(d) · 86 Stat. 1251
Added · 33 U.S.C. § 909
Pub. L. 92–576, § 5(d), added to introductory provision that the compensation shall be known as a death benefit if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury
Source evidence
Code amendment note
Pub. L. 92–576, § 5(d), added to introductory provision that the compensation shall be known as a death benefit if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury.Enacted provision · exact public law section
(d) The first phrase of section 9 of such Act, preceding the first colon, is amended to read as follows: “If the injury causes death, or if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury, the compensation shall be known as a death benefit and shall be payable in the amount and to or for The benefit of the persons following:”Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 10(a) · 86 Stat. 1251
Substituted · 33 U.S.C. § 909(a)
Pub. L. 92–576, § 10(a), substituted “$1,000” for “$400”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 92–576, § 10(a), substituted “$1,000” for “$400”.Enacted provision · exact public law section
(a) Section 9(a) of the Act is amended by striking out 62 Stat. 602. 33 USC 909. “$400” and inserting in lieu thereof “$1,000”.Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Substituted · 33 U.S.C. § 909(b)
Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “50” for “35” in three places
Substituted · 33 U.S.C. § 909(b)
Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “16⅔” for “15” in three places
Substituted · 33 U.S.C. § 909(b)
Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “widow or widower” for “surviving wife or dependent husband” in three places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “50” for “35” per centum in three places and “16⅔” for “15” per centum in two places and “widow or widower” for “surviving wife or dependent husband” in three places.Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Substituted · 33 U.S.C. § 909(c)
Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “50” for “35”
Substituted · 33 U.S.C. § 909(c)
Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “16⅔” for “15”
Substituted · 33 U.S.C. § 909(c)
Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “widow or widower” for “surviving wife or dependent husband”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “50” for “35” per centum in two places and “16⅔” for “15” per centum and “widow or widower” for “surviving wife or dependent husband”.Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Substituted · 33 U.S.C. § 909(d)
Pub. L. 92–576, §§ 10(c), 20(c)(2), in first sentence, substituted “husband or child,” and “husband” for “dependent husband or child” per centum
Substituted · 33 U.S.C. § 909(d)
Pub. L. 92–576, §§ 10(c), 20(c)(2), in first sentence, substituted “husband or child,” and “20” for “15” per centum
Inserted · 33 U.S.C. § 909(d)
Pub. L. 92–576, §§ 10(c), 20(c)(2), in first sentence, inserted “and any other persons who satisfy the definition of the term ‘dependent’ in section 152 of title 26, but are not otherwise eligible under this section” after “time of the injury,” and “during such dependency” after “support of each such person”, and in second sentence
Substituted · 33 U.S.C. § 909(d)
Pub. L. 92–576, §§ 10(c), 20(c)(2), in first sentence, substituted “widow or widower” for “surviving wife or dependent husband”, respectively
Source evidence
Code amendment note
Subsec. (d). Pub. L. 92–576, §§ 10(c), 20(c)(2), in first sentence, substituted “husband or child,” and “husband” for “dependent husband or child” and “dependent husband” and “20” for “15” per centum, and inserted “and any other persons who satisfy the definition of the term ‘dependent’ in section 152 of title 26, but are not otherwise eligible under this section” after “time of the injury,” and “during such dependency” after “support of each such person”, and in second sentence, substituted “widow or widower” for “surviving wife or dependent husband”, respectively.Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 10(d) · 86 Stat. 1251
Substituted · 33 U.S.C. § 909(e)
Pub. L. 92–576, § 10(d), substituted “less than the applicable national average weekly wage as prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly wages of the deceased” for “more than $105 nor less than $27 but the total weekly compensation shall not exceed the weekly wages of the deceased”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 92–576, § 10(d), substituted “less than the applicable national average weekly wage as prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly wages of the deceased” for “more than $105 nor less than $27 but the total weekly compensation shall not exceed the weekly wages of the deceased”.Enacted provision · exact public law section
(d) Section 9(e) of such Act is amended to read as follows: “(e) In computing death benefits the average weekly wages of the deceased shall be considered to have been not less than the applicable Ante, p. 1252. national average weekly wage as prescribed in section 6(b) but the total weekly benefits shall not exceed the average weekly wages of the deceased.”Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 9(a) · 98 Stat. 1639
Amended · 33 U.S.C. § 909
Pub. L. 98–426, § 9(a), amended generally provision preceding subsec. (a)
Struck · 33 U.S.C. § 909
Pub. L. 98–426, § 9(a), striking out “or if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury,” after “injury causes death”
Source evidence
Code amendment note
Pub. L. 98–426, § 9(a), amended generally provision preceding subsec. (a), striking out “or if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury,” after “injury causes death”.Enacted provision · exact public law section
(a) The matter preceding subsection (a) of section 9 is 33 USC 909. amended to read as follows: “Sec. 9. If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:”.Effective date note
Amendment by section 9 of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(d), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 9(b) · 98 Stat. 1639
Substituted · 33 U.S.C. § 909(a)
Pub. L. 98–426, § 9(b), substituted “$3,000” for “$1,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–426, § 9(b), substituted “$3,000” for “$1,000”.Enacted provision · exact public law section
(b) Section 9(a) is amended by striking out “$1,000” and inserting in lieu thereof “$3,000”.Effective date note
Amendment by section 9 of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(d), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 9(c) · 98 Stat. 1639
Amended · 33 U.S.C. § 909(e)
Pub. L. 98–426, § 9(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “In computing death benefits the average weekly wages of the deceased shall be considered to have been not less than the applicable national average weekly wage as prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly wages of the deceased”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 98–426, § 9(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “In computing death benefits the average weekly wages of the deceased shall be considered to have been not less than the applicable national average weekly wage as prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly wages of the deceased”.Enacted provision · exact public law section
(c) Section 9(e) is amended to read as follows: “(e) In computing death benefits, the average weekly wages of the deceased shall not be less than the national average weekly wage as prescribed in section 6(b), but— 33 USC 906. “(1) the total weekly benefits shall not exceed the lesser of the average weekly wages of the deceased or the benefit which the deceased employee would have been eligible to receive under section 6(b)(1); and Ante, p. 1641. “(2) in the case of a claim based on death due to an occupational disease for which the time of injury (as determined under section 10(i)) occurs after the employee has retired, the total Infra. weekly benefits shall not exceed one fifty-second part of the employee–s average annual earnings during the 52-week period preceding retirement.”.Effective date note
Amendment by section 9 of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(d), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(a)(2) · 98 Stat. 1639
Substituted · 33 U.S.C. § 909(g)
Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title
Source evidence
Code amendment note
Subsec. (g). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.Enacted provision · exact public law section
(2) by striking out “commission” each place it appears and inserting in lieu thereof “Secretary”; andEffective date note
Amendment by section 9 of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(d), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
9 of 27 references resolved to an enrolled provision · 11 partial · 7 unresolved
Editorial Notes
Amendments1938–1984 · 6 rounds
1984
Pub. L. 98–426, § 9(a), amended generally provision preceding subsec. (a), striking out “or if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury,” after “injury causes death”.
Subsec. (a). Pub. L. 98–426, § 9(b), substituted “$3,000” for “$1,000”.
Subsec. (e). Pub. L. 98–426, § 9(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “In computing death benefits the average weekly wages of the deceased shall be considered to have been not less than the applicable national average weekly wage as prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly wages of the deceased”.
Subsec. (g). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.
1972
Pub. L. 92–576, § 5(d), added to introductory provision that the compensation shall be known as a death benefit if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury.
Subsec. (a). Pub. L. 92–576, § 10(a), substituted “$1,000” for “$400”.
Subsec. (b). Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “50” for “35” per centum in three places and “16⅔” for “15” per centum in two places and “widow or widower” for “surviving wife or dependent husband” in three places.
Subsec. (c). Pub. L. 92–576, §§ 10(b), 20(c)(2), substituted “50” for “35” per centum in two places and “16⅔” for “15” per centum and “widow or widower” for “surviving wife or dependent husband”.
Subsec. (d). Pub. L. 92–576, §§ 10(c), 20(c)(2), in first sentence, substituted “husband or child,” and “husband” for “dependent husband or child” and “dependent husband” and “20” for “15” per centum, and inserted “and any other persons who satisfy the definition of the term ‘dependent’ in section 152 of title 26, but are not otherwise eligible under this section” after “time of the injury,” and “during such dependency” after “support of each such person”, and in second sentence, substituted “widow or widower” for “surviving wife or dependent husband”, respectively.
Subsec. (e). Pub. L. 92–576, § 10(d), substituted “less than the applicable national average weekly wage as prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly wages of the deceased” for “more than $105 nor less than $27 but the total weekly compensation shall not exceed the weekly wages of the deceased”.
1961
Subsec. (e). Pub. L. 87–87 increased the maximum limitation with respect to average weekly wages from “$81” to “$105” in the computation of death benefits.
1956
Subsec. (e). Act , substituted “$81” for “$52.50” and “$27” for “$18”.
1948
Subsec. (a). Act , increased funeral expenses from $200 to $400.
Subsec. (b). Act , increased benefits to children of deceased workmen from 10 percent to 15 percent.
Subsec. (c). Act , increased death benefits of orphaned children from 15 percent to 35 percent.
Subsec. (e). Act , correlated basis for computing death benefits with basis for computing disability benefits under section 906(b) of this title.
1938
Subsecs. (b) to (d). Act , struck out references to children as being under eighteen years of age.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by section 9 of Pub. L. 98–426 applicable with respect to any death after , and amendment by section 27(a)(2) of Pub. L. 98–426 effective , see section 28(d), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
Effective Date of 1972 Amendment
Amendment by section 20(c)(2) of Pub. L. 92–576 applicable only with respect to deaths or injuries occurring after , see section 20(c)(3) of Pub. L. 92–576, set out as a note under section 902 of this title.
Amendment by Pub. L. 92–576 effective 30 days after , see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.
Effective Date of 1961 Amendment
Amendment by Pub. L. 87–87 effective as to death sustained on or after , see section 4 of Pub. L. 87–87, set out as a note under section 906 of this title.
Effective Date of 1956 Amendment
Amendment by act , applicable only with respect to injuries and death occurring on or after , see section 9 of act , set out as a note under section 906 of this title.
Effective Date of 1948 Amendment
Amendment by act , applicable to death or injuries occurring after , see section 6 of act , set out as a note under section 906 of this title.
Credits
1927–1984 · 7 acts
- 1927Mar. 4, 1927, ch. 509, § 9, 44 Stat. 1429
- 1938June 25, 1938, ch. 685, § 6, 52 Stat. 1166
- 1948June 24, 1948, ch. 623, § 3, 62 Stat. 602
- 1956July 26, 1956, ch. 735, § 4, 70 Stat. 655
- 1961Pub. L. 87–87, § 2, , 75 Stat. 203
- 1972Pub. L. 92–576, §§ 5(d), 10, 20(c)(2), , 86 Stat. 1253, 1257, 1265
- 1984Pub. L. 98–426, §§ 9, 27(a)(2), , 98 Stat. 1647, 1654.
Show as published
(Mar. 4, 1927, ch. 509, § 9, 44 Stat. 1429; June 25, 1938, ch. 685, § 6, 52 Stat. 1166; June 24, 1948, ch. 623, § 3, 62 Stat. 602; July 26, 1956, ch. 735, § 4, 70 Stat. 655; Pub. L. 87–87, § 2, , 75 Stat. 203; Pub. L. 92–576, §§ 5(d), 10, 20(c)(2), , 86 Stat. 1253, 1257, 1265; Pub. L. 98–426, §§ 9, 27(a)(2), , 98 Stat. 1647, 1654.)