33 U.S.C. § 914

Payment of compensation

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(a) Manner of payment

Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer.

(b) Period of installment payments

The first installment of compensation shall become due on the fourteenth day after the employer has been notified pursuant to section 912 of this title, or the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. Thereafter compensation shall be paid in installments, semimonthly, except where the deputy commissioner determines that payment in installments should be made monthly or at some other period.

Upon making the first payment, and upon suspension of payment for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the Secretary, that payment of compensation has begun or has been suspended, as the case may be.

(d) Right to compensation controverted

If the employer controverts the right to compensation he shall file with the deputy commissioner on or before the fourteenth day after he has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverted.

(e) Additional compensation for overdue installment payments payable without award

If any installment of compensation payable without an award is not paid within fourteen days after it becomes due, as provided in subsection (b) of this section, there shall be added to such unpaid installment an amount equal to 10 per centum thereof, which shall be paid at the same time as, but in addition to, such installment, unless notice is filed under subsection (d) of this section, or unless such nonpayment is excused by the deputy commissioner after a showing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment.

(f) Additional compensation for overdue installment payments payable under terms of award

If any compensation, payable under the terms of an award, is not paid within ten days after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 per centum thereof, which shall be paid at the same time as, but in addition to, such compensation, unless review of the compensation order making such award is had as provided in section 921 of this title and an order staying payment has been issued by the Board or court.

(g) Notice of payment; penalty

Within sixteen days after final payment of compensation has been made, the employer shall send to the deputy commissioner a notice, in accordance with a form prescribed by the Secretary, stating that such final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the date to which compensation has been paid. If the employer fails to so notify the deputy commissioner within such time the Secretary shall assess against such employer a civil penalty in the amount of $100.

(h) Investigations, examinations, and hearings for controverted, stopped, or suspended payments

The deputy commissioner (1) may upon his own initiative at any time in a case in which payments are being made without an award, and (2) shall in any case where right to compensation is controverted, or where payments of compensation have been stopped or suspended, upon receipt of notice from any person entitled to compensation, or from the employer, that the right to compensation is controverted, or that payments of compensation have been stopped or suspended, make such investigations, cause such medical examinations to be made, or hold such hearings, and take such further action as he considers will properly protect the rights of all parties.

(i) Deposit by employer

Whenever the deputy commissioner deems it advisable he may require any employer to make a deposit with the Treasurer of the United States to secure the prompt and convenient payment of such compensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner.

(j) Reimbursement for advance payments

If the employer has made advance payments of compensation, he shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due.

(k) Receipt for payment

An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the employer paying the same and such employer shall produce the same for inspection by the deputy commissioner, whenever required.

(Mar. 4, 1927, ch. 509, § 14, 44 Stat. 1432; May 26, 1934, ch. 354, § 4, 48 Stat. 807; June 25, 1938, ch. 685, § 7, 52 Stat. 1167; June 24, 1948, ch. 623, § 5, 62 Stat. 603; July 26, 1956, ch. 735, § 5, 70 Stat. 655; Pub. L. 87–87, § 3, July 14, 1961, 75 Stat. 203; Pub. L. 92–576, §§ 5(e), 15(d), Oct. 27, 1972, 86 Stat. 1254, 1262; Pub. L. 98–426, §§ 13, 27(a)(2), Sept. 28, 1984, 98 Stat. 1649, 1654.)Editorial NotesAmendments

1984—Subsec. (b). Pub. L. 98–426, § 13(a), substituted “employer has been notified pursuant to section 912 of this title, or the employer,” for “employer”.

Subsecs. (c), (d), (g). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

Subsecs. (j) to (l). Pub. L. 98–426, § 13(b), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out former subsec. (j) which provided that whenever the deputy commissioner determines that it was in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Secretary, could be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 4 per centum true discount compounded annually, that the probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he was entitled to compensation would be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife would be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution, and that the probability of the happening of any other contingency affecting the amount or duration of the compensation would be disregarded, was struck out.

1972—Subsec. (f). Pub. L. 92–576, § 15(d), substituted “order staying payment has been issued by the Board or court” for “interlocutory injunction staying payments is allowed by the court as provided therein”.

Subsec. (m). Pub. L. 92–576, § 5(e), repealed subsec. (m) limiting aggregate money allowance for an injury under this chapter to $24,000, making the limitation inapplicable to cases of permanent total disability or death, and providing that in applying the limitation there shall not be taken into account any amount payable under section 908(g) of this title for maintenance during rehabilitation or any amount of additional compensation required to be paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensation collectible under section 918 of this title.

1961—Subsec. (m). Pub. L. 87–87 increased limitation on total money allowance as compensation for injury from “$17,280” to “$24,000”.

1956—Subsec. (m). Act July 26, 1956, provided for maximum money allowance of $17,280 in lieu of total compensation of $11,000, struck out additional former limit of $10,000 for disabilities compensable under section 908(c)(21) of this title, and inserted provision excepting from $17,280 limitation, amounts payable under section 908(g) of this title for maintenance during rehabilitation, and amounts payable under this section for delay or default in payment of compensation or interest collectible under section 918 of this title.

1948—Subsec. (m). Act June 24, 1948, increased overall statutory maximum limitation upon compensation for disability from $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that particular compensation for permanent partial disability which is payable when the case is classified as one in which compensation shall be payable under section 908(c)(21) of this title, but neither limitation shall apply for permanent total disability or death.

1938—Subsec. (f). Act June 25, 1938, inserted “and an interlocutory injunction staying payments is allowed by the court as provided therein”.

1934—Subsec. (j). Act May 26, 1934, substituted “in the interest of justice” for “for the best interests of a person entitled to compensation”, inserted “or any part thereof as determined by the deputy commissioner with the approval of the Commission”, and inserted provision for determining probability of remarriage.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by section 13 of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(b), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–87 effective as to injuries sustained on or after July 14, 1961, see section 4 of Pub. L. 87–87, set out as a note under section 906 of this title.

Effective Date of 1956 Amendment

Amendment by act July 26, 1956, applicable only with respect to injuries and death occurring on or after July 26, 1956, see section 9 of act July 26, 1956, set out as a note under section 906 of this title.

Effective Date of 1948 Amendment

Amendment by act June 24, 1948, applicable to death or injuries occurring after June 24, 1948, see section 6 of act June 24, 1948, set out as a note under section 906 of this title.

Notes of Decisions

Cited in 276 cases (6 in the last 5 years), 1930–2026 · leading case: Roberts v. Sea-Land Servs., Inc., 132 S. Ct. 1350 (2012).

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Roberts v. Sea-Land Servs., Inc., 132 S. Ct. 1350 (2012). · cites it 8× “See 33 U. S. C. §914 (e). Perhaps JUSTICE GINSBURG gives Sea-Land the benefit of the doubt because its voluntary payments were close to Roberts’ actual entitlement.”

Price v. Stevedoring Servs. of Am., Inc., 697 F.3d 820 (9th Cir. 2012). · cites it 10× “See 33 U.S.C. § 914 (e). But this provision applies only when an employer fails to timely file a notice of controver- sion.”

Pallas Shipping Agency, Ltd. v. Duris, 461 U.S. 529 (1983). · cites it 7× “If, as is generally true in cases in which a longshoreman files a claim under the Act, his employer does not contest liability, the employer must pay compensation to the disabled longshoreman within two weeks of learning of his injury, 33 U. S. C. § 914 ; 20 CFR §§ 702.231-702.”

Byrge ex rel. Est. v. Premium Coal Co., 301 F. Supp. 3d 785 (E.D. Tenn. 2017). · cites it 11× “In support of its argument, the Plaintiff cites to 33 U.S.C. § 914 (f) and 20 C.F.R. §§ 725.”

Texas Employers' Ins. Ass'n v. Leroy Jackson, 820 F.2d 1406 (5th Cir. 1987). · cites it 6× “33 U.S.C. §§ 914 , 938. Under the authority of the LHWCA, the Secretary of Labor has promulgated a detailed set of regulations implementing all portions of the Act.”

Est. of Cowart v. Nicklos Drilling Co., 505 U.S. 469 (1992). · cites it 2× “For example, § 14(h) of the LHWCA, 33 U. S. C. § 914 (h), requires an official to conduct an investigation upon the request of a person entitled to compensation when, inter alia, the claim is controverted and payments are not being made.”

Ingalls Shipbuilding, Inc. v. John H. Dalton, Sec'y of the Navy, 119 F.3d 972 (Fed. Cir. 1997). · cites it 7× “appeals from the final decision of the Armed Services Board of Contract Appeals granting summary judgment for the United States Navy on the ground that payments made by Ingalls under 33 U.S.C. § 914 (e) (1994) were “in the nature of a fine or penalty” and thus were not…”

Garrett v. Washington Air Compressor Co., Inc., 466 A.2d 462 (D.C. 1983). · cites it 5× “Under 33 U.S.C. § 914 (b), an employer’s duty to pay compensation benefits arises “on the fourteenth day after the employer *464 has knowledge of the injury or death [of the employee] .”

Billie J. Atkinson v. Gates, McDonald & Co., 838 F.2d 808 (5th Cir. 1988). · cites it 4× “33 U.S.C. §§ 914 (a), (c), & (d). Ultimately, in January 1986, the Department of Labor ordered that Atkinson’s disability benefits be reinstated and instructed NAVRESSO to bring her benefits up to date and to pay Atkinson a ten percent penalty thereon together with her…”

Am. Stevedores, Inc. v. Porello, 330 U.S. 446 (1947). · cites it 4× “" [20] See 33 U.S.C. § 914 (d) and (h). [21] 33 U.S.”

Francis E. Lauzon, III v. Strachan Shipping Co., Texas Employers' Ins. Ass'n, 782 F.2d 1217 (5th Cir. 1985). · cites it 5× “See 33 U.S.C. §§ 914 (f), 918(a). The judgment of the district court is affirmed in all respects.”

Burton v. Drummond Co., 350 F. Supp. 3d 1198 (N.D. Ala. 2018). · cites it 12× “In its compensation orders, the DOL informed Drummond that "by failing to initiate benefits ... within 10 days of the date payment is due, [Drummond] may be subject to payments of additional compensation of up to 20% of the amount due," pursuant to 33 U.”

Show all 276 citing cases →

— 33 U.S.C. § 914(a) — 1 case

Great Lakes Dredge & Dock Co. v. Brown, 47 F.2d 265 (N.D. Ill. 1930).

— 33 U.S.C. § 914(b) — 1 case

Leonard v. Walter, 356 F. Supp. 56 (D.D.C. 1973).

— 33 U.S.C. § 914(c) — 1 case

Leonard v. Liberty Mut. Ins., 165 F. Supp. 154 (E.D. Pa. 1958).

— 33 U.S.C. § 914(f) — 2 cases

Holland Am. Ins. v. Rogers, 308 F. Supp. 1031 (N.D. Cal. 1970).

Hunter (W.D. Ky. 2026).

— 33 U.S.C. § 914(h) — 1 case

Marshall v. Johnson, 127 F.2d 544 (9th Cir. 1942).

— 33 U.S.C. § 914(j) — 1 case

Ceres Gulf & Esis/ina v. Cleaster Cooper, Dir., Off. of Workers' Comp. Programs (u.s. Dep't of Labor), Intervenor-Appellant, 957 F.2d 1199 (5th Cir. 1992).

— 33 U.S.C. § 914(k) — 1 case

Daoud v. Matz, 73 So. 2d 51 (Fla. 1954).

— 33 U.S.C. § 914(m) — 1 case

Travelers Ins. v. Norton, 24 F. Supp. 243 (D. Del. 1938).

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