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Do I qualify for defense base act benefits
Top Defense Base Act Lawyers in San Diego
Representing injured civilian employees
The Defense Base Act covers civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense. Outside the U.S., employees of companies working in U.S. military bases and U.S. employees working outside the U.S. are covered under the Defense Base Act. Whether working domestically or internationally, the Defense Base Act provides a fund for wage and death benefits for employees injured or killed.
In the event of workplace injury, the Defense Base Act (DBA) is a law that provides a U.S. employer with the legal right to have their injured employee seek workers’ compensation benefits in the injured worker’s home country. The injured employee is not required to relocate.
The Benner Law Firm helps sufferers of work-related injuries sustained on American bases and other military outposts around the world in their claims for Defense Base Act workers’ compensation. Whether or not your company provides the proper coverage, our personal injury lawyers will work tirelessly on your behalf to ensure that you receive the benefits to which you are entitled.
Advice for military contractors who have been injured while working abroad
Since 1942, the Defense Base Act has provided protection for men and women who work overseas under military contracts. Workers’ compensation claims have surged dramatically in recent years as the military has boosted the number of civilian contractors it employs in places such as the Middle East. In the event that you have been injured while working for the military in another country, the Benner Law Firm can assist you in obtaining benefits under the Defense Base Act. It is not necessary to be a citizen of the United States in order to claim workers’ compensation benefits under this statute.
Understanding the Defense Base Act (DBA)
The Defense Base Act protects civilian personnel who are employed on U.S. military bases outside the United States or who are employed under a contract with the United States government for public works or national defense. Its purpose is to provide workers’ medical treatment and compensation protection to people who are harmed while working in the course and scope of their jobs.
This extension of the Longshore and Harbor Workers’ Compensation Act of 1927 was approved by Congress in 1941 and is referred to as the Defense Base Act of 1941. The Longshore Act was created to provide protection for dock and marine employees who were not covered by the Merchant Maritime Act, which provided some form of compensation to sailors who were injured at sea.
Understanding the Longshore Act
The Longshore Act applies to dock and marine workers who are not protected by the Merchant Maritime Act, which compensates seafarers who are wounded at sea.
Our San Diego Defense Base Act and Longshore Act attorneys can assist in arranging for benefits to be paid directly by an authorized self-insured employer, an authorized insurance carrier, or, in some cases, a special fund operated directly by the United States Department of Labor (DOL).
The DOL’s Office of Workers Compensation Programs (OWCP) administers the Division of Longshore and Harbor Workers’ Compensation (DLHWC).
In general, an injured worker is entitled to disability compensation (in most cases, 2/3 of their Average Weekly Wage) and medical treatment during their recovery. The amount of benefits due, the breadth of medical care to be provided, and the total worth of the claim/injury are all critical concerns that should be resolved by an expert San Diego Defense Base Act and Longshore Act attorney.
The Defense Base Act Provides Protection
The Defense Base Act regulates the following types of employment operations on military bases:
- Working for private employers on U.S. military bases or on any properties used by the United States for military purposes outside of the United States, including those in the United States Territories;
- 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 will be working on contracts that have been approved 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 benefit of the Armed Forces, such as the United Service Organizations (USO).
If any of the aforementioned criteria is met, then the Act applies to all employees engaged in such employment, regardless of nationality, and they are all protected by the Act.
The process for filing a workers’ compensation claim under the Defense Base Act
You should notify your supervisor of your injuries, as soon as feasible. If necessary, he or she should authorize medical treatment as soon as possible. Workers’ compensation claims must be filed within three days of the date of the injury if you are still unable to perform your job duties. If you have been unable to work for one or more shifts or if you have been unable to perform your job duties, your employer is required to file an Employer’s First Report of Injury (Form LS-202) within ten days of the date of the injury. In most cases, lost wages are paid at a rate of around two-thirds of a worker’s normal weekly wage, up to the weekly maximum, until the worker returns to work or reaches the point of maximum medical improvement. Medical expenses are covered by the employer’s insurance, but, as with other types of workers’ compensation claims, companies who have insurance coverage are not obligated to compensate employees for pain and suffering they have endured.
Contact Our Defense Base Act & Longshore Act Attorney in San Diego Today!
Our team in Benner Law Firm 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 will remain with you until your matter is resolved.
Speak with one of our San Diego, California defense base act and longshore act attorneys. We will work with you to collect the reimbursement you deserve. To schedule a consultation with our San Diego personal injury law company, call(619) 505-3935 today.
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
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