§ 909. — Compensation for death.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC909]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 909. Compensation for death
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:
(a) Reasonable funeral expenses not exceeding $3,000.
(b) 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 16\2/3\ 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 16\2/3\ per centum of such wages for
each child in excess of one: Provided, That the total amount payable
shall in no case exceed 66\2/3\ 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.
(c) 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
16\2/3\ per centum of such wages for each child in excess of one:
Provided, That the total amount payable shall in no case exceed 66\2/3\
per centum of such wages.
(d) 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 66\2/3\ 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 66\2/3\ 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.
(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 906(b) of this title, but--
(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
906(b)(1) of this title; and
(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
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.
(f) All questions of dependency shall be determined as of the time
of the injury.
(g) 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.
(Mar. 4, 1927, ch. 509, Sec. 9, 44 Stat. 1429; June 25, 1938, ch. 685,
Sec. 6, 52 Stat. 1166; June 24, 1948, ch. 623, Sec. 3, 62 Stat. 602;
July 26, 1956, ch. 735, Sec. 4, 70 Stat. 655; Pub. L. 87-87, Sec. 2,
July 14, 1961, 75 Stat. 203; Pub. L. 92-576, Secs. 5(d), 10, 20(c)(2),
Oct. 27, 1972, 86 Stat. 1253, 1257, 1265; Pub. L. 98-426, Secs. 9,
27(a)(2), Sept. 28, 1984, 98 Stat. 1647, 1654.)
Amendments
1984--Pub. L. 98-426, Sec. 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, Sec. 9(b), substituted ``$3,000'' for
``$1,000''.
Subsec. (e). Pub. L. 98-426, Sec. 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, Sec. 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, Sec. 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, Sec. 10(a), substituted ``$1,000'' for
``$400''.
Subsec. (b). Pub. L. 92-576, Secs. 10(b), 20(c)(2), substituted
``50'' for ``35'' per centum in three places and ``16\2/3\'' 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, Secs. 10(b), 20(c)(2), substituted
``50'' for ``35'' per centum in two places and ``16\2/3\'' for ``15''
per centum and ``widow or widower'' for ``surviving wife or dependent
husband''.
Subsec. (d). Pub. L. 92-576, Secs. 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, Sec. 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 July 26, 1956, substituted ``$81'' for
``$52.50'' and ``$27'' for ``$18''.
1948--Subsec. (a). Act June 24, 1948, increased funeral expenses
from $200 to $400.
Subsec. (b). Act June 24, 1948, increased benefits to children of
deceased workmen from 10 percent to 15 percent.
Subsec. (c). Act June 24, 1948, increased death benefits of orphaned
children from 15 percent to 35 percent.
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.
1938--Subsecs. (b) to (d). Act June 25, 1938, struck out references
to children as being under eighteen years of age.
Effective Date of 1984 Amendment
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.
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 Oct. 27, 1972, 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 Oct. 27, 1972,
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 July 14, 1961, 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 July 26, 1956, applicable only with respect to
injuries and death occurring on or after July 26, 1956, see section 9 of
act July 26, 1956, set out as a note under section 906 of this title.
Effective Date of 1948 Amendment
Amendment by act June 24, 1948, applicable to death or injuries
occurring after June 24, 1948, see section 6 of act June 24, 1948, set
out as a note under section 906 of this title.
Section Referred to in Other Sections
This section is referred to in sections 904, 908, 931 of this title;
title 30 section 932; title 42 sections 1652, 1701, 1702.
