§ 905. — Exclusiveness of liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC905]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 905. Exclusiveness of liability
(a) Employer liability; failure of employer to secure payment of
compensation
The liability of an employer prescribed in section 904 of this title
shall 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 chapter, an injured employee, or his
legal representative in case death results from the injury, may elect to
claim compensation under the chapter, 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. 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.
(b) Negligence of vessel
In the event of injury to a person covered under this chapter 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
of section 933 of this title, and the employer shall not be liable to
the 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 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. 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 chapter.
(c) Outer Continental Shelf
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
1333 of title 43, 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 chapter by virtue of section 1333 of title 43 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.
(Mar. 4, 1927, ch. 509, Sec. 5, 44 Stat. 1426; Pub. L. 92-576,
Sec. 18(a), Oct. 27, 1972, 86 Stat. 1263; Pub. L. 98-426, Secs. 4(b),
5(a)(1), (b), Sept. 28, 1984, 98 Stat. 1641.)
Amendments
1984--Subsec. (a). Pub. L. 98-426, Sec. 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.''
Subsec. (b). Pub. L. 98-426, Sec. 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''.
Subsec. (c). Pub. L. 98-426, Sec. 5(b), added subsec. (c).
1972--Pub. L. 92-576 designated existing provisions as subsec. (a),
substituted ``the chapter'' for ``this chapter'', and added subsec. (b).
Effective Date of 1984 Amendment
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.
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.
