---
kind: "section"
citation: "33 U.S.C. § 903"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "903"
heading: "Coverage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/903"
units:
  - "Chapter 18 — Longshore and Harbor Workers’ Compensation"
---

# §903. Coverage

- (a) **Disability or death; injuries occurring upon navigable waters of United States—** Except as otherwise provided in this section, [compensation](/usc/33/902.md?p=12) shall be payable under this chapter in respect of [disability](/usc/33/902.md?p=10) or death of an [employee](/usc/33/902.md?p=3), but only if the [disability](/usc/33/902.md?p=10) or death results from an [injury](/usc/33/902.md?p=2) occurring upon the navigable waters of the [United States](/usc/33/902.md?p=9) (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an [employer](/usc/33/902.md?p=4) in loading, unloading, repairing, dismantling, or building a [vessel](/usc/33/902.md?p=21)).
- (b) **Governmental officers and employees—** No [compensation](/usc/33/902.md?p=12) shall be payable in respect of the [disability](/usc/33/902.md?p=10) or death of an officer or [employee](/usc/33/902.md?p=3) of the [United States](/usc/33/902.md?p=9), or any agency thereof, or of any [State](/usc/33/902.md?p=8) or foreign government, or any subdivision thereof.
- (c) **Intoxication; willful intention to kill—** No [compensation](/usc/33/902.md?p=12) shall be payable if the [injury](/usc/33/902.md?p=2) was occasioned solely by the intoxication of the [employee](/usc/33/902.md?p=3) or by the willful intention of the [employee](/usc/33/902.md?p=3) to injure or kill himself or another.
- (d) **Small vessels—**
  - (1) No [compensation](/usc/33/902.md?p=12) shall be payable to an [employee](/usc/33/902.md?p=3) employed at a facility of an [employer](/usc/33/902.md?p=4) if, as certified by the [Secretary](/usc/33/902.md?p=6), the facility is engaged in the business of building, repairing, or dismantling exclusively small [vessels](/usc/33/902.md?p=21) (as defined in paragraph (3) of this subsection), unless the [injury](/usc/33/902.md?p=2) occurs while upon the navigable waters of the [United States](/usc/33/902.md?p=9) or while upon any adjoining pier, wharf, dock, facility over land for launching [vessels](/usc/33/902.md?p=21), or facility over land for hauling, lifting, or drydocking [vessels](/usc/33/902.md?p=21).
  - (2) Notwithstanding [paragraph (1)](#d-1), [compensation](/usc/33/902.md?p=12) shall be payable to an [employee](/usc/33/902.md?p=3)—
    - (A) who is employed at a facility which is used in the business of building, repairing, or dismantling small [vessels](/usc/33/902.md?p=21) if such facility receives Federal maritime subsidies; or
    - (B) if the [employee](/usc/33/902.md?p=3) is not subject to coverage under a [State](/usc/33/902.md?p=8) workers’ [compensation](/usc/33/902.md?p=12) law.
  - (3) For purposes of this subsection, a small [vessel](/usc/33/902.md?p=21) means—
    - (A) a commercial barge which is under 900 lightship displacement tons; or
    - (B) a commercial tugboat, towboat, crew boat, supply boat, fishing [vessel](/usc/33/902.md?p=21), or other work [vessel](/usc/33/902.md?p=21) which is under 1,600 tons gross as measured under [section 14502 of title 46](/usc/46/14502.md), or an alternate tonnage measured under [section 14302](/usc/46/14302.md) of that title as prescribed by the [Secretary](/usc/33/902.md?p=6) under [section 14104](/usc/46/14104.md) of that title.
- (e) **Credit for benefits paid under other laws—** Notwithstanding any other provision of law, any amounts paid to an [employee](/usc/33/902.md?p=3) for the same [injury](/usc/33/902.md?p=2), [disability](/usc/33/902.md?p=10), or death for which benefits are claimed under this chapter pursuant to any other workers’ [compensation](/usc/33/902.md?p=12) law or [section 30104 of title 46](/usc/46/30104.md) shall be credited against any liability imposed by this chapter.

## Source credit

(Mar. 4, 1927, ch. 509, § 3, 44 Stat. 1426; Pub. L. 92–576, §§ 2(c), 21, Oct. 27, 1972, 86 Stat. 1251, 1265; Pub. L. 98–426, § 3, Sept. 28, 1984, 98 Stat. 1640; Pub. L. 104–324, title VII, § 703, Oct. 19, 1996, 110 Stat. 3933.)

## Notes

### Editorial Notes

### Codification

In subsec. (e), “section 30104 of title 46” substituted for “section 20 of the Act of March 4, 1915 (38 Stat. 1185, chapter 153; 46 U.S.C. 688) (relating to recovery for injury to or death of seamen)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 30104 of Title 46, Shipping.

### Amendments

1996—Subsec. (d)(3)(B). Pub. L. 104–324 inserted before period at end “as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that title”.

1984—Subsec. (a). Pub. L. 98–426, § 3(a), inserted introductory language relating to exceptions provided for elsewhere in this section, redesignated existing par. (1) as subsec. (b), and struck out existing par. (2) which had excepted from coverage masters and crew members or persons engaged by such masters or crew members to load, unload, or repair vessels under 18 tons net.

Subsec. (b). Pub. L. 98–426, § 3(a), redesignated as subsec. (b) provisions formerly set out in subsec. (a)(2). Former subsec. (b) redesignated (c).

Subsecs. (c) to (e). Pub. L. 98–426, § 3(a), (b), redesignated former subsec. (b) as (c) and added subsecs. (d) and (e).

1972—Subsec. (a). Pub. L. 92–576, § 2(c), substituted provisions respecting coverage of injuries occurring upon navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel, for prior provisions respecting coverage of such injuries upon navigable waters and if recovery for the disability or death through workmen’s compensation proceedings may not validly be provided by State law.

Subsec. (a)(1). Pub. L. 92–576, § 21, substituted “or” for “nor” before “any person engaged by the master”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by section 3(a) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, and amendment by section 3(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after Sept. 28, 1984, and to claims pending on that date, see section 28(a), (c) 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.

### District of Columbia

The Longshoremen’s and Harbor Workers’ Compensation Act [this chapter] was made applicable in respect to the injury or death of an employee of an employer carrying on any employment in the District of Columbia, by act May 17, 1928, ch. 612, 45 Stat. 600, as amended.