Brewster Law Firm LLC

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Defense Base Act insurance is a must

| Aug 1, 2020 | Defense Base Act |

When an employer is required to have coverage under the Defense Base Act, there are harsh penalties if they fail to secure appropriate coverage in case an employee suffers an injury. It’s possible that some might be approved to be self-insured, but even this is sometimes a challenging situation.

An employee who is injured while they are working overseas on specific projects related to national security won’t be able to seek coverage under traditional workers’ compensation laws. Instead, they rely on the terms of the DBA to receive medical care and other benefits that they need due to the injury.

One thing that many individuals might not realize is that a person who should have the benefits from this act has the option of seeking compensation through a lawsuit if they have damages that are due to the injuries they suffered while doing their job duties overseas.

Because of the DBA, employers who should have a policy through an approved carrier but can’t use the standard defense strategies that are possible in some other personal injury claims. The law prevents them from being able to claim that they aren’t liable for the damages because the injury was caused by the employee’s negligence or because the worker contributed to the incident.

These cases can be challenging to handle, so any injured worker with a claim under this act should ensure they work with someone who is familiar with the ins and outs of it. This may help you receive the maximum benefits you’re due because of the injury that you suffered trying to protect this country’s national interests.