---
kind: "section"
citation: "33 U.S.C. § 913"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "913"
heading: "Filing of claims"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/913"
units:
  - "Chapter 18 — Longshore and Harbor Workers’ Compensation"
---

# §913. Filing of claims

- (a) **Time to file—** Except as otherwise provided in this section, the right to [compensation](/usc/33/902.md?p=12) for [disability](/usc/33/902.md?p=10) or death under this chapter shall be barred unless a claim therefore is filed within one year after the [injury](/usc/33/902.md?p=2) or death. If payment of [compensation](/usc/33/902.md?p=12) has been made without an award on account of such [injury](/usc/33/902.md?p=2) or death, a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the [deputy commissioner](/usc/33/902.md?p=7) in the [compensation](/usc/33/902.md?p=12) district in which such [injury](/usc/33/902.md?p=2) or death occurred. The time for filing a claim shall not begin to run until the [employee](/usc/33/902.md?p=3) or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the [injury](/usc/33/902.md?p=2) or death and the employment.
- (b) **Failure to file—**
  - (1) Notwithstanding the provisions of [subsection (a)](#a) failure to file a claim within the period prescribed in such subsection shall not be a bar to such right unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reasonable notice and opportunity to be heard.
  - (2) Notwithstanding the provisions of [subsection (a)](#a), a claim for [compensation](/usc/33/902.md?p=12) for death or [disability](/usc/33/902.md?p=10) due to an occupational disease which does not immediately result in such death or [disability](/usc/33/902.md?p=10) shall be timely if filed within two years after the [employee](/usc/33/902.md?p=3) or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or [disability](/usc/33/902.md?p=10), or within one year of the date of the last payment of [compensation](/usc/33/902.md?p=12), whichever is later.
- (c) **Effect on incompetents and minors—** If a [person](/usc/33/902.md?p=1) who is entitled to [compensation](/usc/33/902.md?p=12) under this chapter is mentally incompetent or a minor, the provisions of [subsection (a)](#a) shall not be applicable so long as such [person](/usc/33/902.md?p=1) has no guardian or other authorized representative, but shall be applicable in the case of a [person](/usc/33/902.md?p=1) who is mentally incompetent or a minor from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age.
- (d) **Tolling provision—** Where recovery is denied to any [person](/usc/33/902.md?p=1), in a suit brought at law or in admiralty to recover damages in respect of [injury](/usc/33/902.md?p=2) or death, on the ground that such [person](/usc/33/902.md?p=1) was an [employee](/usc/33/902.md?p=3) and that the defendant was an [employer](/usc/33/902.md?p=4) within the meaning of this chapter and that such [employer](/usc/33/902.md?p=4) had secured [compensation](/usc/33/902.md?p=12) to such [employee](/usc/33/902.md?p=3) under this chapter, the limitation of time prescribed in [subsection (a)](#a) shall begin to run only from the date of termination of such suit.

## Source credit

(Mar. 4, 1927, ch. 509, § 13, 44 Stat. 1432; Pub. L. 92–576, § 12(b), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98–426, § 12, Sept. 28, 1984, 98 Stat. 1649.)

## Notes

### Editorial Notes

### Amendments

1984—Subsec. (b). Pub. L. 98–426 designated existing provisions as par. (1) and added par. (2).

1972—Subsec. (a). Pub. L. 92–576 inserted “Except as otherwise provided in this section” and provided that the time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) 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.