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Defense Base Act Injuries
Defense Base Act Injury Attorneys in San Diego, California
Defense Base Act Injury Lawyer
If you are injured on the job or for a job, and it is not your fault, you may be entitled to Defense Base Act (often known as the “DBA”) benefits from the US Department of Labor. Unfortunately, these claims can be tricky, and the procedure is quite lengthy. If you consider a DBA claim, it is in your best interest to hire an experienced San Diego Defense Base Act Attorney to help you.
Benner Law Firm’s personal injury and defense base attorney in San Diego, California, has extensive experience with injuries that result from car accidents, trucking accidents, motorcycle accidents, slip-and-falls, wrongful death, dog bites, and more.
Call us to consult with our San Diego personal injury and defense base act injury attorney to get quality legal representation in California’s defense bases act claim, mass torts claim, and personal injury claims.
What is the Defense Base Act?
The Defense Base Act is set forth in 42 U.S.C. 1651-54. Many of the provisions and regulations applicable under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. 901-50, are adopted by this act as well. Parts 701, 702, 703, and 704 of the Code of Federal Regulations include the implementing regulations.
The law is essentially a federal workers’ compensation program, with private employers and their insurance firms providing worker benefits. The DBA is governed and administered by the United States Department of Labor (“DOL”). The statute protects those who work for private military contractors operating outside the United States from medical and salary loss benefits. Numerous DBA claimants have worked in Iraq and Afghanistan in the past or are currently doing so. However, DBA claims can be filed in non-conflict situations as well.
In most cases, state workers’ compensation rules do not apply to these injuries. Individuals who file workers’ compensation claims with state workers’ compensation programs do so incorrectly. Between state agencies and courts, there is no joint or shared jurisdiction.
Due to the DBA’s statutory basis, it does not oblige your Employer to compensate an injured worker for pain and suffering, loss of enjoyment of life, or other non-economic damages. The Department of Labor must authorize attorney costs. Employers are accountable for your attorney’s fees if your attorney obtains a previously refused benefit. You are not responsible for any out-of-pocket fees or expenditures, and all fees must be approved in advance by the Department of Labor.
What is The Role of Defense Base Act Injury Attorneys in San Diego?
A Defense Base Act Injury Attorney is an attorney who represents injured workers who fall within the Defense Base Act’s jurisdiction. There are instances where we can assist you with claims or, in more difficult matters, represent you and fight on your behalf for a defense base act claim.
We safeguard your rights as a civilian employee working in US military locations outside the United States. When your case is concluded and resolved, you will be satisfied with knowing we battled for you and your rights.
What Benefits are Provided by the Defense Base Act?
You should understand that the Defense Base Act covers a broader range of injuries, disabilities, diseases, and illnesses than you may think. Even if you believe you are not protected, chances are you are covered under the DBA if you were harmed or got ill and/or incapacitated while serving overseas.
This is likely true even if you were injured, incapacitated, or fell ill while not working. You should be aware that the Defense Base Act favors compensation over denial of coverage for injured workers.
The insurance company will attempt to convince you otherwise, claiming that you are not entitled to recompense or medical benefits for your injury. Consult a reputable Defense Base Act attorney to determine whether your injury is covered and begin your compensation and wellness journey immediately.
The Defense Base Act offers disability, medical, and death benefits to covered personnel who are injured or killed in the line of duty, regardless of whether the injury or death occurs during work hours. Compensation for total disability is two-thirds of the employee’s typical weekly earnings, up to a maximum of $1,030.78 per week at this writing.
Additionally, compensation is payable for a partial loss of earnings. Death benefits equal half of the employee’s average weekly wages to the surviving spouse or child, and two-thirds of revenues to two or more such survivors, up to the current weekly maximum rate.
Benefits for permanent total disability and death may be payable in perpetuity and are subject to an annual cost of living adjustments. There is no minimum rate of compensation. Permanent disability and death payments payable to aliens and non-residents of the United States may be commuted by paying half of the future compensation’s present value, as decided by district director of OWCP. The wounded employee is qualified to medical treatment from a physician of their choice, as determined by the severity of the damage. Medical benefits are not transferable.
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Who is Eligible for Disability Benefits?
The Act covers individuals who hold the following positions:
Employees of private companies on United States military bases or any areas utilized by the United States for military purposes outside the country including those in US territories and possessions;
Participating in public work contracts with any agency of the United States government, including construction and service contracts in connection with national security or with war activities conducted outside of the United States;
If the contract is conducted outside the United States, you are working on contracts that have been granted and funded by the United States under the Foreign Assistance Act, which primarily provide for the sale of military equipment, materials, and services to its allies in exchange for cash.
Employees of American companies that provide welfare or comparable services outside of the United States for the Armed Forces’ benefit , such as the United Service Organizations (USO).
Examples of types of workers covered by the Defense Base Act include, but are not limited to, the following categories:
- Clerical workers
- Contract interpreters
- Documentation specialists
- Interdisciplinary engineers
- Security personnel
- Language interpreters
What are the Types of Injuries Covered in the Defense Base Act in San Diego?
The Defense Base Act provides coverage for nearly every sort of work-related injury or illness, including both physical (non-scheduled and scheduled ailments) and psychological problems. In the same way, injuries do not have to be sustained during working hours or on a military post or other permitted premises to qualify for coverage. The United States Supreme Court held that all that is required for a condition to be covered by the Defense Base Act is that “the responsibilities or conditions of employment constitute the zone of specific danger out of which the damage originated.”
Examples of injuries that are covered include:
- Amputation / limb loss
- Back injuries
- Traumatic brain injuries (TBI)
- Gunshot wounds
- Post-traumatic stress disorder (PTSD)
- Severe burns
- Hearing and vision loss
- Occupational diseases
- Toxic chemical exposure
A seasoned San Diego Longshore Act attorney from The Benner Law Firm can explain these in more detail. Call us to schedule a consultation today.
Get in Touch with Reliable Defense Base Act Injury Attorneys in San Diego!
A Longshore Act Defense base act injury attorney is a legal professional who can represent injured workers protected by the Defense Base Act. The Benner Law Firm’s San Diego personal injury attorneys can assist you with basic injury claims or represent you and fight for your legal rights in a sophisticated Defense Base Act litigation. We pledge to defend your rights as a civilian employee working on US military locations outside the United States and you can get your defense base act benefits.
Our team takes pride in its ability to assist civilian personnel who have sustained a serious accident while working on a federal contract outside the United States. We will conduct a thorough investigation, skillful negotiation, and litigation expertise on your behalf in courts of law and remain with you until your matter is resolved.
We can help you in your defense base act claim. Speak with one of our San Diego, California defense base act injury attorneys for your defense act claim. Receive your DBA benefits now. We will work with you to collect the reimbursement you deserve. Contact us today to schedule a consultation with our San Diego personal injury law office.
PERSONAL INJURY & DEFENSE BASE ACT ATTORNEY SERVING SAN DIEGO, CA
San Diego Office
Benner Law Firm, PC
409 Camino Del Rio S., Suite 106, San Diego, CA 92108, USA
Mon: 8:30AM - 5PM
Tue: 8:30AM - 5PM
Wed: 8:30AM - 5PM
Thu: 8:30AM - 5PM
Fri: 8:30AM - 5PM
Sat-Sun: Weekend Appointments Available
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