33 U.S.C. § 904 – Liability for Compensation (Longshore and Harbor Workers’ Compensation Act – LHWCA)

33 U.S.C. § 904 Summary

This section of the Longshore and Harbor Workers’ Compensation Act (LHWCA) outlines the fundamental responsibility of employers to provide workers’ compensation benefits to their employees. It clearly states that every employer covered by the Act must ensure the payment of compensation as detailed in other specific sections of the law (namely sections 907 for medical benefits, 908 for disability, and 909 for death benefits). A critical aspect highlighted here is the “no-fault” nature of this compensation system, meaning an injured employee can receive benefits regardless of whether the employer or employee was at fault for the injury. Additionally, the statute addresses scenarios involving subcontractors: if a subcontractor fails to provide the required compensation, the general contractor then becomes liable. However, a subcontractor is not considered to have failed if the general contractor has already secured insurance for their benefit.

Purpose of 33 U.S.C. § 904

The legislative intent behind this statute is to establish a clear framework for employer accountability in providing financial and medical support to maritime workers who suffer injuries or occupational diseases during the course of their employment. It addresses the inherent dangers faced by longshoremen, harbor workers, and certain other maritime employees, providing a vital safety net that differs significantly from traditional tort-based personal injury claims. By mandating a no-fault compensation system, 33 U.S.C. § 904 aims to streamline the process for injured workers to receive benefits, avoiding lengthy and complex legal battles over who was responsible for an accident. This ensures timely access to compensation, covering medical care, lost wages, and in tragic cases, death benefits, thereby protecting both the employee and their family from financial hardship resulting from workplace injuries in the unique and often hazardous environment of ports and navigable waters.

Real-World Example of 33 U.S.C. § 904

Imagine a scenario in a busy Texas port where a longshoreman, John, is working for “Coastal Stevedores Inc.,” loading cargo onto a ship. While operating a crane, a mechanical malfunction causes a heavy crate to swing unexpectedly, striking John and causing him a serious back injury. Under 33 U.S.C. § 904, Coastal Stevedores Inc. immediately becomes liable for John’s compensation. This means they are responsible for securing the payment of his medical treatment (per § 907), compensation for his temporary or permanent disability (per § 908), and any other related benefits. Even if John himself made a minor operational error that contributed to the accident (but not intentionally), or if the crane manufacturer was primarily at fault, Coastal Stevedores Inc. is still obligated to provide compensation because the LHWCA operates on a no-fault basis. If Coastal Stevedores Inc. had been a subcontractor for a larger company, “Global Shipping Corp.,” and failed to carry the required LHWCA insurance, then Global Shipping Corp. would become secondarily liable to ensure John receives his compensation.

Related Statutes

Several other sections of the Longshore and Harbor Workers’ Compensation Act are directly referenced by and work in conjunction with 33 U.S.C. § 904 to form a comprehensive compensation system:

• 33 U.S.C. § 907 – Medical Services and Supplies: This section details the employer’s responsibility to furnish medical, surgical, and hospital treatment, as well as nursing services, medicine, and other necessary services to injured employees. It complements § 904 by specifying the *type* of benefits employers are liable for.
• 33 U.S.C. § 908 – Compensation for Disability: This statute outlines the different categories of disability (e.g., permanent total, temporary total, permanent partial, temporary partial) and the calculation methods for compensation payments for lost wages due to these disabilities. It provides the specific mechanisms for fulfilling the compensation liability established in § 904.
• 33 U.S.C. § 909 – Compensation for Death: In cases where a work-related injury results in the employee’s death, this section specifies the benefits payable to surviving dependents, including funeral expenses and weekly compensation payments. It further clarifies the scope of an employer’s liability under § 904 in tragic circumstances.

Case Law Interpreting 33 U.S.C. § 904

Courts have frequently interpreted various aspects of employer liability under this section. One such case is *Atlantic & Gulf Stevedores, Inc. v. Director, Office of Workers’ Compensation Programs, U. S. Dept. of Labor*, 542 F.2d 602 (3d Cir. 1976), which has addressed the “employer’s absolute liability” and the nature of the LHWCA as a remedial statute designed to protect injured maritime workers. This case highlights that the primary employer’s duty to secure and pay compensation is a fundamental tenet of the Act, reinforcing the no-fault principle and ensuring that injured employees are not left without recourse. Other cases often delve into the precise definitions of “employer” and “employee” within the Act’s scope, or the interplay between general contractors and subcontractors in securing compensation, as the language of § 904 directly addresses these relationships.

Why 33 U.S.C. § 904 Matters in Personal Injury Litigation

For individuals injured in maritime employment, understanding 33 U.S.C. § 904 is paramount, as it dictates the primary avenue for securing compensation. Unlike traditional Texas personal injury claims where fault must be proven to recover damages (often through negligence lawsuits), the LHWCA’s no-fault system means an injured worker does not need to demonstrate employer negligence. This significantly streamlines the process for obtaining benefits for medical treatment and lost wages.

For legal professionals, this statute is crucial for several reasons. It helps attorneys identify the correct responsible party (the employer, or potentially the general contractor in subcontractor situations) and understand the scope of their liability under federal law. When representing an injured longshoreman or harbor worker, lawyers must advise their clients on the differences between LHWCA claims and state-level workers’ compensation or personal injury lawsuits. While the LHWCA offers a more straightforward path to compensation irrespective of fault, the types and amounts of damages available are typically defined by the Act, rather than the broader, often higher, damages (like pain and suffering) recoverable in a tort claim. This understanding shapes plaintiff strategy, influencing whether to pursue an LHWCA claim, or explore other avenues under maritime law, such as a Jones Act claim for seamen, or a third-party negligence claim against a non-employer entity. For defense attorneys, Section 904 clarifies the absolute nature of employer liability, guiding them on how to manage claims and ensure compliance with federal compensation mandates.