33 U.S.C. § 948a

Current through P.L. 117-57 (published on www.congress.gov on 11/12/2021)
Section 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 or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter. 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. Any employer 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. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 944 of this title, and if not paid may be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided, That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void.

33 U.S.C. § 948a

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.

EDITORIAL NOTES

AMENDMENTS1984- 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 DATESection 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.

Compensation
"Compensation" means the money allowance payable to an employee or to his dependents as provided for in this chapter, and includes funeral benefits provided therein.
carrier
The term "carrier" means any person or fund authorized under section 932 of this title to insure under this chapter and includes self-insurers.
deputy commissioner
The term "deputy commissioner" means the deputy commissioner having jurisdiction in respect of an injury or death.
employer
The term "employer" means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the 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).
person
The term "person" means individual, partnership, corporation, or association.
wages
The term "wages" means the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under subtitle C of title 26 (relating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employee's or dependent's benefit, or any other employee's dependent entitlement.