U.S. Code » Title 33 » Chapter CHAPTER 18— LONGSHORE AND HARBOR WORKERS’ COMPENSATION

33 U.S.C. § 932

Security for compensation

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(a) Every employer shall secure the payment of compensation under this chapter—(1) By insuring and keeping insured the payment of such compensation with any stock company or mutual company or association, or with any other person or fund, while such person or fund is authorized (A) under the laws of the United States or of any State, to insure workmen’s compensation, and (B) by the Secretary, to insure payment of compensation under this chapter; or(2) By furnishing satisfactory proof to the Secretary of his financial ability to pay such compensation and receiving an authorization from the Secretary to pay such compensation directly. The Secretary may, as a condition to such authorization, require such employer to deposit in a depository designated by the Secretary either an indemnity bond or securities (at the option of the employer) of a kind and in an amount determined by the Secretary, based on the employer’s financial condition, the employer’s previous record of payments, and other relevant factors, and subject to such conditions as the Secretary may prescribe, which shall include authorization to the Secretary in case of default to sell any such securities sufficient to pay compensation awards or to bring suit upon such bonds, to procure prompt payment of compensation under this chapter. Any employer securing compensation in accordance with the provisions of this paragraph shall be known as a self-insurer.(b) In granting authorization to any carrier to insure payment of compensation under this chapter the Secretary may take into consideration the recommendation of any State authority having supervision over carriers or over workmen’s compensation, and may authorize any carrier to insure the payment of compensation under this chapter in a limited territory. Any marine protection and indemnity mutual insurance corporation or association, authorized to write insurance against liability for loss or damage from personal injury and death, and for other losses and damages, incidental to or in respect of the ownership, operation, or chartering of vessels on a mutual assessment plan, shall be deemed a qualified carrier to insure compensation under this chapter. The Secretary may suspend or revoke any such authorization for good cause shown after a hearing at which the carrier shall be entitled to be heard in person or by counsel and to present evidence. No suspension or revocation shall affect the liability of any carrier already incurred.(Mar. 4, 1927, ch. 509, § 32, 44 Stat. 1439; Pub. L. 98–426, §§ 20, 27(a)(2), Sept. 28, 1984, 98 Stat. 1652, 1654.)Editorial NotesAmendments

1984—Subsec. (a)(1). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

Subsec. (a)(2). Pub. L. 98–426, § 20, inserted “based on the employer’s financial condition, the employer’s previous record of payments, and other relevant factors,” after “in an amount determined by the commission,”.

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

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

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment 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.

Notes of Decisions
Cited in 46 cases, 1931–2020 · leading case: Washington Metro. Area Transit Auth. v. Johnson, 467 U.S. 925 (1984).
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Washington Metro. Area Transit Auth. v. Johnson, 467 U.S. 925 (1984). · cites it 6× “33 U. S. C. § 932 (a). The effect of § 4(a) is to require general contractors like WMATA [5] to obtain workers' compensation coverage for the employees of subcontractors that have not secured their own compensation.”
Robert dePerrodil v. Bozovic Marine, Inc., 842 F.3d 352 (5th Cir. 2016). · cites it 2× “See 33 U.S.C. § 932 (a)(1). That insurer for PEI paid $57,385.”
Edmonds v. Compagnie Generale Transatlantique, 443 U.S. 256 (1979). · cites it 2× “33 U. S. C. § 932 . There is little need, therefore, to make the shipowner liable for full damages to protect the longshoreman from impecunious stevedores.”
Davis v. Dep't of Labor & Indus. of Wash., 317 U.S. 249 (1942). · cites it 2× “Under the federal act, the employer must post security for compensation in a manner specified in § 32, 33 U.S.C. § 932 , and failure to do so is a misdemeanor, § 38, 33 U.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). · cites it 3× “Plaintiffs claim that this section is im-permissibly retroactive, violates the Long-shore Act, 33 U.S.C. § 932 , is arbitrary and capricious, and violates their due process rights.”
Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 888 F.2d 1001 (3rd Cir. 1989). “Director, OWCP, 766 F.2d 128 , 130 (3d Cir.1985), deference is accorded to the Director and not to the Benefits Review Board.”
Mitchell v. the Etna, 138 F.2d 37 (3rd Cir. 1943). “32 (a), 35 and 36 of the Longshoremen’s Compensation Act, 33 U.S.C.A. §§ 932 (a), 935, 936 the insurer “is substituted for the employer”.”
Johnson v. Bechtel Assocs. Prof'l Corp., 717 F.2d 574 (D.C. Cir. 1983). “33 U.S.C. § 932 (1976). Failure to do so may result in criminal sanctions.”
Milorad Raicevic v. Wood Grp. PSN, Inc., 979 F.3d 1027 (5th Cir. 2020). “33 U.S.C. § 932 (a). See also Melancon, 834 F.”
Martin v. Halliburton, 808 F. Supp. 2d 983 (S.D. Tex. 2011). · cites it 2× “” 33 U.S.C. § 932 (a). Plaintiff argues that an employer who does not timely pay death benefits has failed to secure payment of compensation under the DBA, (Instrument No.”
Brink v. Xe Holding, LLC, 910 F. Supp. 2d 242 (D.D.C. 2012). “§ 1651 (a)(4); see also 33 U.S.C. § 932 (a).' 12 . Even if Plaintiffs' RICO claim were not barred by the exclusive remedies in the DBA, the Court would find that Plaintiffs fail to state a cause of action under RICO.”
Henry Curse & George New v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 843 F.2d 456 (11th Cir. 1988). “33 U.S.C. § 932 (a) (1982 & Supp. III 1985).”
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— 33 U.S.C. § 932(a) — 1 case
New Amsterdam Cas. Co. v. Hoage, 46 F.2d 837 (D.C. Cir. 1931).
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