5 U.S.C. § 8171: Compensation for work…

Summary

Makes the Longshore and Harbor Workers’ Compensation Act apply to injuries or deaths of employees of certain nonappropriated fund organizations and to volunteers whose service is accepted under section 1588 of title 10. It covers workers who are U.S. citizens or permanent residents working outside the continental United States and workers employed inside the continental United States. The rule in section 3(a) after its second comma does not apply to these workers. For these purposes, "employer" includes the nonappropriated fund instrumentalities named in section 2105(c). The Secretary of Labor may expand or create compensation districts under section 39(b) to cover areas outside the continental United States and may assign one or more deputy commissioners to each district. Lawsuits under sections 18 and 21 for injuries or deaths outside the continental United States must be filed in the federal district court where the deputy commissioner’s office with jurisdiction is located.

Title 5, §8171

Government Organization and Employees, Source: USLM XML via OLRC

(a)The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) applies with respect to disability or death resulting from injury, as defined by section 2(2) of such Act (33 U.S.C. 902(2)), occurring to an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title, or to a volunteer providing such an instrumentality with services accepted under section 1588 of title 10, who is—

(1)a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or

(2)employed inside the continental United States.

However, that part of section 3(a) of such Act (33 U.S.C. 903(a)) which follows the second comma does not apply to such an employee.

(b)For the purpose of this subchapter, the term “employer” in section 2(4) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(4)) includes the nonappropriated fund instrumentalities described by section 2105(c) of this title.

(c)The Secretary of Labor may—

(1)extend compensation districts established under section 39(b) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 939(b)), or establish new districts to include the areas outside the continental United States; and

(2)assign to each district one or more deputy commissioners as the Secretary considers advisable.

(d)Judicial proceedings under section 18 and 21 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 918 and 921) with respect to an injury or death occurring outside the continental United States shall be instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction with respect to the injury or death.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 150k–1(a).

June 19, 1952, ch. 444, § 2, 66 Stat. 139.

July 18, 1958, Pub. L. 85–538, § 1 “Sec. 2(a)”, 72 Stat. 397. In subsection (a), the word “civilian” is omitted as unnecessary as the definition of “employee” in section 2105 includes only civilians. In subsection (d), the reference to “the United States District Court for the District of Columbia” is omitted as included in the words “district court”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

The Longshore and Harbor Workers’ Compensation Act, referred to in subsec. (a), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables.

Amendments

1996—Subsec. (a). Pub. L. 104–106, § 1505(b)(1)(A), substituted “903(a))” for “903(3))” in concluding provisions. Subsec. (c)(1). Pub. L. 104–106, § 1505(b)(1)(B), inserted “section” before “39(b)”. Subsec. (d). Pub. L. 104–106, § 1505(b)(1)(C), substituted “(33 U.S.C. 918 and 921)” for “(33 U.S.C. 18 and 21, respectively)”. 1994—Subsec. (a). Pub. L. 103–337, § 1070(d)(8)(A)(i)(III), substituted “section 3(a) of such Act (33 U.S.C. 903(3)) which follows the second comma” for “section 903(a) of title 33 which follows the first comma” in second sentence. Pub. L. 103–337, § 1070(d)(8)(A)(i)(I), (II), substituted “The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.)” for “Chapter 18 of title 33” and “section 2(2) of such Act (33 U.S.C. 902(2))” for “section 902(2) of title 33”, in introductory provisions. Pub. L. 103–337, § 1061(c), inserted “, or to a volunteer providing such an instrumentality with services accepted under section 1588 of title 10,” after “described by section 2105(c) of this title” in introductory provisions. Subsec. (b). Pub. L. 103–337, § 1070(d)(8)(A)(ii), substituted “section 2(4) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(4))” for “section 902(4) of title 33”. Subsec. (c)(1). Pub. L. 103–337, § 1070(d)(8)(A)(iii), substituted “39(b) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 939(b))” for “section 939(b) of title 33”. Subsec. (d). Pub. L. 103–337, § 1070(d)(8)(A)(iv), substituted “section 18 and 21 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 18 and 21, respectively)” for “section 918 and 921 of title 33”.

§8171 Compensation for Work Injuries; Generally