Title 33, Navigation and Navigable WatersRelease 119-102
§949 Effect of Unconstitutionality
Title 33 › CHAPTER 18 — LONGSHORE AND HARBOR WORKERS’ COMPENSATION › § 949
Summary
If a court rules part of this chapter unconstitutional and that decision makes any payments under it invalid, the time between the injury and the court decision does not count toward the deadline for suing the employer. Any compensation already paid under this chapter must be taken off the damages awarded 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 33, Navigation and Navigable Waters
Last Updated
Aug 21, 2026
Release point: 119-102