§ 903. — Coverage.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC903]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 903. Coverage
(a) Disability or death; injuries occurring upon navigable waters of
United States
Except as otherwise provided in this section, compensation shall be
payable under this chapter in respect of disability or death of an
employee, but only if the disability or death results from an injury
occurring upon the navigable waters of the United States (including any
adjoining pier, wharf, dry dock, terminal, building way, marine railway,
or other adjoining area customarily used by an employer in loading,
unloading, repairing, dismantling, or building a vessel).
(b) Governmental officers and employees
No compensation shall be payable in respect of the disability or
death of an officer or employee of the United States, or any agency
thereof, or of any State or foreign government, or any subdivision
thereof.
(c) Intoxication; willful intention to kill
No compensation shall be payable if the injury was occasioned solely
by the intoxication of the employee or by the willful intention of the
employee to injure or kill himself or another.
(d) Small vessels
(1) No compensation shall be payable to an employee employed at a
facility of an employer if, as certified by the Secretary, the facility
is engaged in the business of building, repairing, or dismantling
exclusively small vessels (as defined in paragraph (3) of this
subsection), unless the injury occurs while upon the navigable waters of
the United States or while upon any adjoining pier, wharf, dock,
facility over land for launching vessels, or facility over land for
hauling, lifting, or drydocking vessels.
(2) Notwithstanding paragraph (1), compensation shall be payable to
an employee--
(A) who is employed at a facility which is used in the business
of building, repairing, or dismantling small vessels if such
facility receives Federal maritime subsidies; or
(B) if the employee is not subject to coverage under a State
workers' compensation law.
(3) For purposes of this subsection, a small vessel means--
(A) a commercial barge which is under 900 lightship displacement
tons; or
(B) a commercial tugboat, towboat, crew boat, supply boat,
fishing vessel, or other work vessel which is under 1,600 tons gross
as measured under section 14502 of title 46, or an alternate tonnage
measured under section 14302 of that title as prescribed by the
Secretary under section 14104 of that title.
(e) Credit for benefits paid under other laws
Notwithstanding any other provision of law, any amounts paid to an
employee for the same injury, disability, or death for which benefits
are claimed under this chapter pursuant to any other workers'
compensation law or section 688 of title 46, Appendix (relating to
recovery for injury to or death of seamen), shall be credited against
any liability imposed by this chapter.
(Mar. 4, 1927, ch. 509, Sec. 3, 44 Stat. 1426; Pub. L. 92-576,
Secs. 2(c), 21, Oct. 27, 1972, 86 Stat. 1251, 1265; Pub. L. 98-426,
Sec. 3, Sept. 28, 1984, 98 Stat. 1640; Pub. L. 104-324, title VII,
Sec. 703, Oct. 19, 1996, 110 Stat. 3933.)
Amendments
1996--Subsec. (d)(3)(B). Pub. L. 104-324 inserted before period at
end ``as measured under section 14502 of title 46, or an alternate
tonnage measured under section 14302 of that title as prescribed by the
Secretary under section 14104 of that title''.
1984--Subsec. (a). Pub. L. 98-426, Sec. 3(a), inserted introductory
language relating to exceptions provided for elsewhere in this section,
redesignated existing par. (1) as subsec. (b), and struck out existing
par. (2) which had excepted from coverage masters and crew members or
persons engaged by such masters or crew members to load, unload, or
repair vessels under 18 tons net.
Subsec. (b). Pub. L. 98-426, Sec. 3(a), redesignated as subsec. (b)
provisions formerly set out in subsec. (a)(2). Former subsec. (b)
redesignated (c).
Subsecs. (c) to (e). Pub. L. 98-426, Sec. 3(a), (b), redesignated
former subsec. (b) as (c) and added subsecs. (d) and (e).
1972--Subsec. (a). Pub. L. 92-576, Sec. 2(c), substituted provisions
respecting coverage of injuries occurring upon navigable waters of the
United States, including any adjoining pier, wharf, dry dock, terminal,
building way, marine railway, or other adjoining area customarily used
by an employer in loading, unloading, repairing, or building a vessel,
for prior provisions respecting coverage of such injuries upon navigable
waters and if recovery for the disability or death through workmen's
compensation proceedings may not validly be provided by State law.
Subsec. (a)(1). Pub. L. 92-576, Sec. 21, substituted ``or'' for
``nor'' before ``any person engaged by the master''.
Effective Date of 1984 Amendment
Amendment by section 3(a) of Pub. L. 98-426 applicable with respect
to any injury after Sept. 28, 1984, and amendment by section 3(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, see section 28(a), (c) of Pub. L. 98-426, set out as a note
under section 901 of this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972,
see section 22 of Pub. L. 92-576, set out as a note under section 902 of
this title.
District of Columbia
The Longshoremen's and Harbor Workers' Compensation Act [this
chapter] was made applicable in respect to the injury or death of an
employee of an employer carrying on any employment in the District of
Columbia, by act May 17, 1928, ch. 612, 45 Stat. 600, as amended.
Section Referred to in Other Sections
This section is referred to in title 5 section 8171; title 30
section 932; title 46 section 14305.
