Title 33Navigation and Navigable WatersRelease 119-73not60

§949 Effect of Unconstitutionality

Title 33 › Chapter 18— LONGSHORE AND HARBOR WORKERS’ COMPENSATION › § 949

Last updated Apr 5, 2026|Official source

Summary

When a court strikes down part of this chapter and that cancels a compensation payment, the time from the injury until the court decision does not count toward the deadline to sue the employer. Any compensation already paid must be subtracted from the damages the court awards in that lawsuit.

Full Legal Text

Title 33, §949

Navigation and Navigable Waters — Source: USLM XML via OLRC

If any part of this chapter is adjudged unconstitutional by the courts, and such adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening between the time the injury was sustained and the time of such adjudication shall not be computed as a part of the time prescribed by law for the commencement of any action against the employer in respect of such injury; but the amount of any compensation paid under this chapter on account of such injury shall be deducted from the amount of damages awarded in such action in respect of such injury.

Reference

Citations & Metadata

Citation

33 U.S.C. § 949

Title 33Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60