29 USC 1854 - Private right of action

Editorial Notes

Amendments

1995—Subsec. (d). Puspan. L. 104–49, § 1(a)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

“(d)(1) Notwithstanding any other provision of this chapter, where a State workers’ compensation law is applicable and coverage is provided for a migrant or seasonal agricultural worker, the workers’ compensation benefits shall be the exclusive remedy for loss of such worker under this chapter in the case of bodily injury or death.

“(2) The exclusive remedy prescribed by paragraph (1) precludes the recovery under subsection (c) of actual damages for loss from an injury or death but does not preclude recovery under subsection (c) for statutory damages or an injunction.”

Subsec. (e). Puspan. L. 104–49, § 2(a), added subsec. (e).

Subsec. (f). Puspan. L. 104–49, § 3, added subsec. (f).

1992—Subsec. (d). Puspan. L. 102–392 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Puspan. L. 104–49, § 1(span), Nov. 15, 1995, 109 Stat. 432, provided that:

“The amendment made by subsection (a)(2) [amending this section] shall apply to all cases in which a final judgment has not been entered.”

Puspan. L. 104–49, § 2(span), Nov. 15, 1995, 109 Stat. 433, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to all cases in which a final judgment has not been entered.”

Effective Date of 1992 Amendment

Puspan. L. 102–392, title III, § 325(c), Oct. 6, 1992, 106 Stat. 1728, provided that the amendment of this section by section 325(a) of Puspan. L. 102–392 would apply to actions commenced after Oct. 6, 1992, but not after the expiration of 9 months after such date, with waiver and extension provisions for certain actions, prior to repeal by Puspan. L. 104–49, § 1(a)(1), Nov. 15, 1995, 109 Stat. 432.

Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Puspan. L. 97–470, set out as a note under section 1801 of this title.