Title 33 — Navigation and Navigable Waters
Chapter 18 — Longshore and Harbor Workers’ Compensation
§ 938. Penalties
Statutory text
Failure to secure payment of compensation
Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine or imprisonment as herein provided for the failure of such corporation to secure the payment of compensation; and such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the said chapter in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of compensation as required by section 932 of this title.
Avoiding payment of compensation
Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his employees has been injured within the purview of this chapter, and with intent to avoid the payment of compensation under this chapter to such employee or his dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine.
Effect on other liability of employer
This section shall not affect any other liability of the employer under this chapter.
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 § 38 · 44 Stat. 1424
Enacted · 33 U.S.C. § 938
Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 22 · 98 Stat. 1639
Substituted · 33 U.S.C. § 938(a); 33 U.S.C. § 938(b)
Pub. L. 98–426 substituted “$10,000” for “$1,000” wherever appearing
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 98–426 substituted “$10,000” for “$1,000” wherever appearing.Enacted provision · exact public law section
Sec. 22. penalty for failure to secure payment Section 38 is amended by striking out “$1,000” each place 33 USC 938. it appears in subsections (a) and (b) and inserting in lieu thereof “$10,000”.Effective date note
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) 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
Amendments1938–1984 · 2 rounds
1984
Subsecs. (a), (b). Pub. L. 98–426 substituted “$10,000” for “$1,000” wherever appearing.
1938
Act , amended section generally, designating first sentence as subsec. (a) and inserting provisions respecting liability of corporate officers, adding subsec. (b), and designating second sentence as subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–426 effective , see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
Credits
1927–1984 · 3 acts
- 1927Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442
- 1938June 25, 1938, ch. 685, § 14, 52 Stat. 1168
- 1984Pub. L. 98–426, § 22, , 98 Stat. 1653.
Show as published
(Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442; June 25, 1938, ch. 685, § 14, 52 Stat. 1168; Pub. L. 98–426, § 22, , 98 Stat. 1653.)