Longshore and Harbor Workers Compensation - Help for Injured Civilians
Today, many functions previously performed by the U.S. military itself are now the responsibility of government contractors. Companies hire civilians for work from food service to some security functions overseas. These companies include but are not limited to:
- Blackwater
- Halliburton
- Kellogg, Brown & Root (KBR)
- Bechtel
- Dyncorp
- CACI
- Service Employees International
The Defense Base Act
Because of the perilous conditions that these hired civilians face, when these civilians are injured overseas, they have a right to file for compensation for medical expenses and a portion of their wages under the Defense Base Act.
The Defense Base Act (DBA) was initially adopted by Congress in 1941. The primary goal of the Act is to cover workers on military bases outside the United States. It is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas. If an injured worker establishes that an accident occurred or that working conditions existed which could have caused, aggravated or accelerated an injury, an injured worker may have the right to both medical benefits for all of the injuries as well as the right to compensation benefits when disabled.
U.S. military forces can be found around the world in Germany, Italy, Bosnia-Herzegovina, Turkey, Japan, Korea, hungary, Spain, Iceland, Guam, Saudi Arabia, Kuwait, Afghanistan, Kosovo, Panama, and elsewhere, and wherever civilian contractors are brought in to aid in the mission of the U.S. government, whether associated with a military presence or not, their employees are at risk for on-the-job injuries.
As in most workers' compensation laws, the Defense Base Act requires the employer to purchase an insurance policy that should pay benefits. Per federal statute, the employer or contractor must purchase a separate Defense Base Act Insurance Policy and may not rely upon the workers' compensation policy purchased for work at home in the U.S. The Defense Base Act also covers individuals hurt while working on a short-term or temporary work assignment for a U.S. government contractor in a foreign country.
Overseas Injuries
If you have been injured overseas while working for the U.S. Government, including civilians working for the U.S. Government in military bases regardless of nationality, you may be covered under the Defense Base Act. The Defense Base Act requires notice of the injury to be given in writing to the employer within thirty days, and any actual claim for benefits must be filed within one year of the date of injury. You should consult a workers' compensation attorney who also handles Defense Base Act claims immediately to protect your rights and ensure you receive the benefits you to which you are entitled under the Defense Base Act.
The handling of Defense Base Act cases by our personal injury attorneys at the law firm of Friedman, Rodman & Frank, P.A. was a logical consequence of our firm representing injured workers and their need for representation when accidents have occurred outside the U.S. Our longshore injury attorneys have a combined experience representing injured workers of over 85 years.
Workers from foreign countries hired by U.S. Contractors qualify to receive benefits under the Defense Base Act regardless of his or her country of origin or citizenship. These countries include but are not limited to the following:
- Afghanistan
- Iraq
- Kuwait
- Sudan
- Uganda
- South Africa
- Korea
- Philippines
- Panama
- Guam
- Poland
Our harbor workers' injury lawyers can help you recover for any injuries resulting from accidents such as:
- Construction accidents
- Truck accidents
- RPG attacks
- Slip and falls
- Roof falls
- Building falls
- Forklift accidents
- Power tool injuries
- Explosions
- Fires
- Electrocutions
Defense Base Act Insurance & Compensation
An increasing number of reports show insurance companies unjustifiably denying benefits or paying insignificant amounts for valid Defense Base Act claims. Moreover, often, employers are reluctant or slow to report compensable injuries which, in turn, delays the processing of the claims and the payments to injured workers.
Just as often, the prompt acceptance and payment of a case may lead the injured worker into thinking he or she does not need a lawyer, and often large sums of money to which the injured worker did not know he or she was entitled go unclaimed.
The simple fact is that the insurance company has a lawyer available to provide it with a steady stream of legal advice on these claims, and unless the injured worker retains a lawyer to assist on his or her case, he or she is at the mercy of those who know the system and know how to minimize what they are required to pay.
Contact a Defense Base Act Attorney Today
To protect your rights as an injured worker overseas, call our workers' compensation lawyers at 866-713-6128.
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