---
kind: "section"
citation: "33 U.S.C. § 948a"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "948a"
heading: "Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/948a"
units:
  - "Chapter 18 — Longshore and Harbor Workers’ Compensation"
---

# §948a. Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability


It shall be unlawful for any [employer](/usc/33/902.md?p=4) or his duly authorized agent to discharge or in any other manner discriminate against an [employee](/usc/33/902.md?p=3) as to his employment because such [employee](/usc/33/902.md?p=3) has claimed or attempted to claim [compensation](/usc/33/902.md?p=12) from such [employer](/usc/33/902.md?p=4), or because he has testified or is about to testify in a proceeding under this chapter. The discharge or refusal to employ a [person](/usc/33/902.md?p=1) who has been adjudicated to have filed a fraudulent claim for [compensation](/usc/33/902.md?p=12) is not a violation of this section. Any [employer](/usc/33/902.md?p=4) who violates this section shall be liable to a penalty of not less than $1,000 or more than $5,000, as may be determined by the [deputy commissioner](/usc/33/902.md?p=7). All such penalties shall be paid to the [deputy commissioner](/usc/33/902.md?p=7) for deposit in the special fund as described in [section 944 of this title](/usc/33/944.md), and if not paid may be recovered in a civil action brought in the appropriate [United States](/usc/33/902.md?p=9) district court. Any [employee](/usc/33/902.md?p=3) so discriminated against shall be restored to his employment and shall be compensated by his [employer](/usc/33/902.md?p=4) for any loss of [wages](/usc/33/902.md?p=13) arising out of such discrimination: Provided, That if such [employee](/usc/33/902.md?p=3) shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and [compensation](/usc/33/902.md?p=12). The [employer](/usc/33/902.md?p=4) alone and not his [carrier](/usc/33/902.md?p=5) shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the [employer](/usc/33/902.md?p=4) from the liability for such penalties and payments shall be void.


## Source credit

(Mar. 4, 1927, ch. 509, § 49, as added Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263; amended Pub. L. 98–426, § 26, Sept. 28, 1984, 98 Stat. 1654.)

## Notes

### Editorial Notes

### Amendments

1984—Pub. L. 98–426 inserted after first sentence “The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.”, substituted “$1,000” for “$100”, and substituted “$5,000” for “$1,000”.

### Statutory Notes and Related Subsidiaries

### Effective 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.

### Effective Date

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