---
kind: "section"
citation: "33 U.S.C. § 949"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "949"
heading: "Effect of unconstitutionality"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/949"
units:
  - "Chapter 18 — Longshore and Harbor Workers’ Compensation"
---

# §949. Effect of unconstitutionality


If any part of this chapter is adjudged unconstitutional by the courts, and such adjudication has the effect of invalidating any payment of [compensation](/usc/33/902.md?p=12) under this chapter, the period intervening between the time the [injury](/usc/33/902.md?p=2) was sustained and the time of such adjudication shall not be computed as a part of the time prescribed by law for the commencement of any action against the [employer](/usc/33/902.md?p=4) in respect of such [injury](/usc/33/902.md?p=2); but the amount of any [compensation](/usc/33/902.md?p=12) paid under this chapter on account of such [injury](/usc/33/902.md?p=2) shall be deducted from the amount of damages awarded in such action in respect of such [injury](/usc/33/902.md?p=2).


## Source credit

(Mar. 4, 1927, ch. 509, § 50 formerly § 49, 44 Stat. 1446; renumbered § 50, Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263.)