LHWCA Table of Contents
33 U.S.C. 18 - SECTIONS 901-950
LONGSHORE-HARBOR WORKERS COMPENSATION ACT (LHWCA)
TITLE 33 > CHAPTER 18 > § 904
NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 904. Liability for compensation
(a) Every employer shall be liable for and shall secure the payment
to his employees of the compensation payable under sections 907, 908,
and 909 of this title. In the case of an employer who is a
subcontractor, only if such subcontractor fails to secure the payment of
compensation shall the contractor be liable for and be required to
secure the payment of compensation. A subcontractor shall not be deemed
to have failed to secure the payment of compensation if the contractor
has provided insurance for such compensation for the benefit of the
subcontractor.
(b) Compensation shall be payable irrespective of fault as a cause
for the injury.
(Mar. 4, 1927, ch. 509, Sec. 4, 44 Stat. 1426; Pub. L. 98-426,
Sec. 4(a), Sept. 28, 1984, 98 Stat. 1641.)
Amendments
1984--Subsec. (a). Pub. L. 98-426 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``Every employer shall
be liable for and shall secure the payment to his employees of the
compensation payable under sections 907, 908, and 909 of this title. In
the case of an employer who is a subcontractor, the contractor shall be
liable for and shall secure the payment of such compensation to
employees of the subcontractor unless the subcontractor has secured such
payment.''
Effective Date of 1984 Amendment
Amendment by 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) of Pub. L. 98-426, set out as a
note under section 901 of this title.
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