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U.S. Code as of:
01/19/04
Section 905. Exclusiveness of liability
(a) Employer liability; failure of employer to secure payment of
compensation
The liability of an employer prescribed in section 904 of this
title shall be exclusive and in place of all other liability of
such employer to the employee, his legal representative, husband or
wife, parents, dependents, next of kin, and anyone otherwise
entitled to recover damages from such employer at law or in
admiralty on account of such injury or death, except that if an
employer fails to secure payment of compensation as required by
this chapter, an injured employee, or his legal representative in
case death results from the injury, may elect to claim compensation
under the chapter, or to maintain an action at law or in admiralty
for damages on account of such injury or death. In such action the
defendant may not plead as a defense that the injury was caused by
the negligence of a fellow servant, or that the employee assumed
the risk of his employment, or that the injury was due to the
contributory negligence of the employee. For purposes of this
subsection, a contractor shall be deemed the employer of a
subcontractor's employees only if the subcontractor fails to secure
the payment of compensation as required by section 904 of this
title.
(b) Negligence of vessel
In the event of injury to a person covered under this chapter
caused by the negligence of a vessel, then such person, or anyone
otherwise entitled to recover damages by reason thereof, may bring
an action against such vessel as a third party in accordance with
the provisions of section 933 of this title, and the employer shall
not be liable to the vessel for such damages directly or indirectly
and any agreements or warranties to the contrary shall be void. If
such person was employed by the vessel to provide stevedoring
services, no such action shall be permitted if the injury was
caused by the negligence of persons engaged in providing
stevedoring services to the vessel. If such person was employed to
provide shipbuilding, repairing, or breaking services and such
person's employer was the owner, owner pro hac vice, agent,
operator, or charterer of the vessel, no such action shall be
permitted, in whole or in part or directly or indirectly, against
the injured person's employer (in any capacity, including as the
vessel's owner, owner pro hac vice, agent, operator, or charterer)
or against the employees of the employer. The liability of the
vessel under this subsection shall not be based upon the warranty
of seaworthiness or a breach thereof at the time the injury
occurred. The remedy provided in this subsection shall be exclusive
of all other remedies against the vessel except remedies available
under this chapter.
(c) Outer Continental Shelf
In the event that the negligence of a vessel causes injury to a
person entitled to receive benefits under this Act by virtue of
section 1333 of title 43, then such person, or anyone otherwise
entitled to recover damages by reason thereof, may bring an action
against such vessel in accordance with the provisions of subsection
(b) of this section. Nothing contained in subsection (b) of this
section shall preclude the enforcement according to its terms of
any reciprocal indemnity provision whereby the employer of a person
entitled to receive benefits under this chapter by virtue of
section 1333 of title 43 and the vessel agree to defend and
indemnify the other for cost of defense and loss or liability for
damages arising out of or resulting from death or bodily injury to
their employees.
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