TITLE 33 > CHAPTER 18 > § 905

 
                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.