§ 913. — Filing of claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC913]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 913. Filing of claims
(a) Time to file
Except as otherwise provided in this section, the right to
compensation for disability or death under this chapter shall be barred
unless a claim therefore is filed within one year after the injury or
death. If payment of compensation has been made without an award on
account of such injury or death, a claim may be filed within one year
after the date of the last payment. Such claim shall be filed with the
deputy commissioner in the compensation district in which such injury or
death occurred. The time for filing a claim shall not begin to run until
the employee or beneficiary is aware, or by the exercise of reasonable
diligence should have been aware, of the relationship between the injury
or death and the employment.
(b) Failure to file
(1) Notwithstanding the provisions of subsection (a) of this section
failure to file a claim within the period prescribed in such subsection
shall not be a bar to such right unless objection to such failure is
made at the first hearing of such claim in which all parties in interest
are given reasonable notice and opportunity to be heard.
(2) Notwithstanding the provisions of subsection (a) of this
section, a claim for compensation for death or disability due to an
occupational disease which does not immediately result in such death or
disability shall be timely if filed within two years after the employee
or claimant becomes aware, or in the exercise of reasonable diligence or
by reason of medical advice should have been aware, of the relationship
between the employment, the disease, and the death or disability, or
within one year of the date of the last payment of compensation,
whichever is later.
(c) Effect on incompetents and minors
If a person who is entitled to compensation under this chapter is
mentally incompetent or a minor, the provisions of subsection (a) of
this section shall not be applicable so long as such person has no
guardian or other authorized representative, but shall be applicable in
the case of a person who is mentally incompetent or a minor from the
date of appointment of such guardian or other representative, or in the
case of a minor, if no guardian is appointed before he becomes of age,
from the date he becomes of age.
(d) Tolling provision
Where recovery is denied to any person, in a suit brought at law or
in admiralty to recover damages in respect of injury or death, on the
ground that such person was an employee and that the defendant was an
employer within the meaning of this chapter and that such employer had
secured compensation to such employee under this chapter, the limitation
of time prescribed in subsection (a) of this section shall begin to run
only from the date of termination of such suit.
(Mar. 4, 1927, ch. 509, Sec. 13, 44 Stat. 1432; Pub. L. 92-576,
Sec. 12(b), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 12, Sept.
28, 1984, 98 Stat. 1649.)
Amendments
1984--Subsec. (b). Pub. L. 98-426 designated existing provisions as
par. (1) and added par. (2).
1972--Subsec. (a). Pub. L. 92-576 inserted ``Except as otherwise
provided in this section'' and provided that the time for filing a claim
shall not begin to run until the employee or beneficiary is aware, or by
the exercise of reasonable diligence should have been aware, of the
relationship between the injury or death and the employment.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and applicable
both with respect to claims filed after such date and to claims pending
on such date, see section 28(a) 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.
Section Referred to in Other Sections
This section is referred to in sections 908, 919 of this title;
title 30 section 932.
