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Title 33 — Navigation and Navigable WatersRelease 119-73

§948a Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability

Title 33 › Chapter CHAPTER 18— - LONGSHORE AND HARBOR WORKERS’ COMPENSATION › § 948a

Last updated Apr 6, 2026|Official source

Summary

Employers must not fire or treat an employee unfairly because the employee claimed or tried to claim compensation, or because they testified or will testify in a proceeding under this chapter. Firing or refusing to hire someone found to have filed a fraudulent claim is not covered. If an employer breaks this rule, the deputy commissioner can fine them $1,000 to $5,000. Fines go to the special fund under section 944. If not paid, the deputy commissioner can sue in federal court. The worker must get their job back and be paid lost wages unless they can no longer do the job. The employer, not its insurer, must pay these fines and payments, and any insurance that tries to cover them is void.

Full Legal Text

Title 33, §948a

Navigation and Navigable Waters — Source: USLM XML via OLRC

It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter. The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section. Any employer who violates this section shall be liable to a penalty of not less than $1,000 or more than $5,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 944 of this title, and if not paid may be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided, That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Pub. L. 98–426 inserted after first sentence “The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.”, substituted “$1,000” for “$100”, and substituted “$5,000” for “$1,000”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date

Section effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as an

Effective Date

of 1972 Amendment note under section 902 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 948a

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73