Brewster Law Firm LLC

What does the Defense Base Act cover?

2023-04-20T23:00:58Z

There are numerous federal rules establishing the right of employees, including workers performing international jobs in support of military operations. Those working domestic jobs have clear protections at both the federal and state levels based on where they do their work. However, some employees may have to go overseas if they work for a company that contracts with the military. While they may have the protection of workers' compensation coverage when doing their jobs at a domestic location, those workers won't necessarily have the same rights and benefits when working outside of the country. The Defense Base Act (DBA) is a crucial federal law that helps extend specific protections to those working in support positions relevant to supporting international military operations. Those working for domestic companies abroad can potentially make a claim under the DBA after sustaining occupational harm, and when someone dies, their surviving family members can potentially make a claim.

The DBA provides medical benefits

Those hurt in another country could come home with thousands of dollars in existing medical debt and future care requirements. A claim brought under the DBA can potentially cover all of the current and necessary future medical expenses related to a worker's injury or medical condition.

The DBA can replace lost wages

The cost of medical treatment is only one of several expenses that families will have to absorb when someone comes home from an international job with a significant medical issue. That worker may go months without a job or may never work in the same profession again. The DBA can potentially provide up to two-thirds of someone's lost wages in the form of disability benefits.

The DBA offers death benefits

In a scenario where a worker dies, the DBA will cover certain costs. Families can make claims for repatriation expenses and funeral costs. Repatriation or the process of bringing back someone's body from another country can often cost thousands. Additionally, families may qualify for similar wager placement benefits to the benefits that a disabled worker could receive after an injury. The process of securing DBA coverage can sometimes be a bit more of a challenge than filing a basic workers' compensation claim would be. Injured workers or their surviving family members often require guidance and help throughout the process. Evaluating a situation to see if the Defense Base Act potentially applies to someone’s circumstances can benefit families that are concerned about the consequences of a job-related medical issue.

5 kinds of maritime accidents

2023-03-20T17:53:52Z

Maritime work is often dangerous and hard. Because of this, many maritime workers suffer injuries as a result of occupational hazards. The following are just a few of the common accidents workers face when working on a ship.

1. Slip-and-fall injuries

It’s very likely that a maritime worker may suffer from a work-related slip-and-fall injury. The surface of a ship deck is often covered in water and rain, which can make it especially slick. While workers often wear special gear to prevent them from falling, it can still happen. A slip-and-fall accident is often minor, but it can lead to broken bones and concussions. An injury such as that could lead to someone being unable to work.

2. Falling from a great height

Some workers slip and fall to their feet. However, a slip and fall may also occur when a worker is standing on a catwalk or gangway. If the worker falls from the catwalk or gangway, then they could suffer more injuries because of how high the drop was.

3. Mechanical accidents

If there's a sudden mechanical issue on a ship, it could lead to fires or explosions. Workers who are in the vicinity of these mechanical issues could suffer burns and other severe injuries.

4. Chemical exposure

Ships transport a variety of different goods, including oil and other chemicals. Workers could be exposed to chemicals if a cargo containing hazardous substances suffers a puncture during shipment. Skin exposure or inhaling chemicals can lead to many physical and mental illnesses.

5. Vessel disaster

In some cases, a ship may no longer remain afloat. This could happen in a number of ways, resulting from a collision, leaks or strong waves. When this happens, it’s considered a vessel disaster. Ship workers may be injured in a number of ways because of a vessel disaster. For example, if a ship takes on water, it could trap workers. Or, a capsized ship may leave workers stranded in the water, which could lead to severe medical conditions. As a maritime worker, it’s important to know that accidents such as the above may cause injuries that are eligible for benefits that may be able to help you recover from your injuries and return to work.

Recovering lost wages after getting hurt at your harbor job

2023-02-20T12:35:37Z

Harbor work can be very demanding. You may have to put in exceptionally long hours on the job, even when the weather is terrible. There is constant demand, meaning that workers often have to do their jobs even on weekends and holidays. As if the pressure of a demanding schedule weren't bad enough, the risk of injury is constantly present. Workers can fall into the water, suffering a near drowning or sickening themselves. They can get hurt by heavy machinery or struck by a forklift helping load cargo. Any work-related incidents may leave a harbor worker unable to return to work for weeks, if not longer. If you’ve recently been hurt, it’s important to understand how to recover lost wages while you’re healing from your injuries.

You may need to make a claim under federal law

Standard workers' compensation benefits do not apply to those working on the open ocean or at the harbors that help service the fleets traveling the oceans and the navigable waterways of the United States. Workers in such environments will not be able to make a basic insurance claim but will instead likely need to pursue a federal claim. The Longshore and Harbor Workers' Compensation Act (LHWCA) is an important piece of federal legislation that protects those working in shipyards and harbors around the United States. The LHWCA helps to protect these employees who serve in high-risk professions and don't have access to standard workers' compensation benefits managed by individual states. The LHWCA allows injured workers to potentially receive up to two-thirds of their lost wages until they can return to their job or qualify for retirement benefits. In some ways, that does make the LHWCA more beneficial than standard workers' compensation benefits, which may be subject to a maximum benefit amount. Those in higher-earning professions often note a significant gap between what the state would pay in benefits and their actual wages. Longshore and harbor workers injured on the job and able to bring a claim under the LHWCA may receive the full two-thirds of their lost wages, which can be much better compensation than a limited amount based on the average wage within the state.

LHWCA claims require professional help

The average worker with a sizable injury claim related to their employment would probably benefit from bringing in professional help as they negotiate their benefits. Those who must make use of the LHWCA rules are at increased risk of mistakes and oversights complicating their claims due to the complexities of the process. They will very likely require professional help so that they can maximize the benefits that they receive without spending all of their time and energy trying to learn about complicated federal workers' compensation rules. Understanding the basic right to pursue disability benefits to replace lost wages may inspire people to get the help they need to make a compensation claim as an injured harbor worker.

Tips for a successful Defense Base Act claim

2023-01-13T19:55:04Z

Working as a military contractor overseas can be very lucrative – but it’s also dangerous. You can easily end up with a serious injury that could put your entire future in jeopardy, and the path forward to appropriate compensation via the Defense Base Act (DBA) isn’t always clear.

Many injured workers have no idea about the potential problems they can face when they’re putting a DBA claim in for the first time. If you want to minimize delays and make sure that your claim is accepted, here’s what you need to do:

1. Seek immediate medical care.

You most definitely can (and should) seek emergency medical care when you need it – before you worry about anything else. Even if it isn’t an emergency, you shouldn’t wait very long to seek medical care. The longer you wait between your injury and seeking out care, the more latitude you’re giving the insurance company to claim your injury wasn’t work-related.

2. Take photos of everything you can.

Don’t violate company rules on this, but – if you are permitted – take pictures of the area where you were injured and anything you think might be important to your claim. You should also most definitely take photos of your own injuries. They can help prove your claim later.

3. Notify your employer in writing.

You need to file Form LS-201 within 30 days to make your claim effective (although you may have longer for certain conditions). However, even before you get to that point, you should send your employer a detailed, written report that clearly explains all of your injuries, no matter how minor. Make sure you keep a copy.

4. Keep your medical records with you.

It can be amazingly easy, even in today’s digital world, for medical records to get lost when you’re overseas or in transit. Obtaining copies later for the insurance can be a nightmare. Ask for copies of all your records after every hospital, clinic or doctor’s visit.

Finally, don’t sign anything or resign your employment until you’ve sought out appropriate legal guidance. Successfully navigating your DBA claim on your own can be very labor-intensive and difficult to do.

New report shows contractors failed to make DBA insurance payouts

2022-12-27T22:04:40Z

A recent report from Brown University provides some disturbing information about inadequate compensation under the Defense Base Act (DBA) for foreign workers hired by Pentagon contractors to work on U.S. bases in Afghanistan during the war who were injured or killed. Many were from Nepal and other developing countries. These third-country nationals (TCN) could be hired for lower wages than Americans. The report, which is part of the Costs of War Project, also sheds light on the rate of injuries and deaths of these workers compared to their U.S. counterparts. These bases have been a common target of Taliban attacks and explosive devices. During the war, some 4,000 contract workers were killed. About half were TCN. Thousands more suffered serious injuries. The researchers looked at the cases of over 200 people who worked as everything from janitors and cafeteria workers to guards. Many of those injured and surviving families of those killed got little or none of the compensation due them under the DBA, according to the report. The DBA requires Pentagon contractors to have insurance for these workers. According to one of the report’s authors, “One of the few protections they have is the Defense Base Act for insurance, and even that is not working.”

Lack of reporting requirements and consequences for violations

Part of the problem, according to the report, is a lack of reporting requirements for Pentagon contractors who are provided millions of dollars to purchase DBA insurance for their workers. They aren’t currently required to report whether they even purchased – let alone what they paid out. Further, even those found to have violated the DBA often suffer only minor consequences. Four lost their contracts. So far, a U.S. Department of Defense spokesperson has only said that the DBA is "very clear when overseas workers’ compensation and war-hazard insurance is required," but that they’re not familiar with the report. Some contractors didn’t tell injured workers or surviving loved ones about the insurance – let alone how much they were entitled to. One woman whose husband was killed said she received $48,000. Under the DBA, she should have received closer to $250,000. She, like others, is taking legal action. If you are having difficulty getting the compensation to which you’re entitled under the DBA, having legal guidance can help you deal with the bureaucracy and red tape.

Military base injuries often have nothing to do with conflict

2022-11-23T22:52:47Z

Generally speaking, anyone working on a military base understands that this can be a dangerous profession. This is true even if you’re a civilian contractor who is being sent overseas. You might not be in the military, but you understand that being on a base could expose you to dangers dealing with the armed conflict in the area. This is all true, and you do need to be wary of these risks. But it’s also important to note that a lot of injuries that people suffer on military bases have absolutely nothing to do with conflict. Let’s look at some examples of how these injuries really take place.

Environmental factors

One thing to remember is that there are various environmental factors that could harm you, and you may not be able to avoid these hazards. Someone working around heavy machinery and vehicles, for instance, could suffer hearing loss. Those who are stationed overseas could also be exposed to various chemical hazards, contaminated water, air contamination and much more.

Physical issues

Next, remember that a lot of the tasks that need to be performed on a military base are physical in nature and that this can be a difficult job in the same way that it is physically difficult to work on a construction site or in a warehouse. A lot of people suffer from strains and sprains, for example, or they might suffer from ankle and knee injuries. It could be as simple as trying to pick up a heavy item and throwing out your back. There are always hazards when doing physical work.

Mental and emotional issues

Finally, there are various mental and emotional issues that can happen, even when physical injuries are limited or not present. Simply being away from their family can be hard for some who have to spend extended time on military bases. Others may see fellow soldiers or workers become injured, perhaps in a combat situation. Even when not injured themselves, this can still take a drastic toll on them mentally and emotionally. It could even lead to the development of disorders like PTSD.

What options do you have?

If you have been injured in any capacity on a military base, it’s important to understand the Defense Base Act and how it may be able to help you. Be sure you know what legal steps to take.

What’s maintenance and cure for maritime workers?

2022-10-21T20:49:37Z

Whether you’re a dock worker, a longshoreman or hold another maritime position, you have to be pretty physically fit for your job – so almost any significant injury is going to put you out of work. When that happens, you have a right to expect something called “maintenance and cure.” This is true whether you contributed to your accident and injuries or not. Knowing as much as you can about your rights can help you protect them. Here’s what you need to know:

What is maintenance?

This is a rather old-fashioned term for your daily living expenses, or per diem. If you would normally receive room and board as part of your job, like a seaman on a vessel, you would be due maintenance to help offset your living expenses while you’re not on the ship.

What is cure?

This is another fancy term that just refers to any reasonable medical expenses you may have that are related to your workplace injury – up to the point where you reach maximum medical cure. That’s the point where you have either fully recovered or have recovered as much as can be expected and your condition won’t improve even with further treatment.

Is that all you can get?

Maintenance and cure aren’t the only benefits that you may qualify for after a maritime injury, but they are important – especially when you’re trying to recover. Generally, you’re guaranteed maintenance and cure either through the Jones Act or the Longshore and Harbor Workers’ Compensation Act (LHWCA). In addition, the Longshore and Harbor Workers’ Compensation Act also guarantees the harbor workers, dockworkers and longshoremen the right to cash benefits due to a temporary disability equal to 66 ⅔ % of their average wages. Trying to navigate the damages that you deserve after a workplace accident can be difficult under any circumstances, but it can be especially complicated when you’re trying to grasp the intricacies of admiralty law. If your claim isn’t being properly handled, it may be time to learn more about your legal options.

How do you obtain medical care under the Defense Base Act?

2022-09-22T19:34:12Z

An extension of the Longshore and Harbor Workers’ Compensation Act, the Defense Base Act (DBA) provides much-needed medical and financial benefits to the injured employees of U.S. government contractors working overseas. Just the same, injured workers are often unsure of what they need to do to protect their interests after an injury. One of the biggest mysteries workers face is what they need to do to get the medical care they need after something happens. Here are a three tips:

Report your injury immediately to your supervisor.

This makes it clear that you’re injured, and that the injury is work-related. While you can (and probably should) verbally tell your supervisor about the incident and your injuries, make sure that you follow up with an email, text message or some other form of written communication that restates the same information. That way, you have time-stamped proof that you reported your injuries in a timely fashion. That may be all you need to shut down any allegations from the insurance company that you didn’t report the claim or weren’t injured on the job.

Get immediate medical authorization from your employer.

In an emergency, you don’t have to wait for your employer to authorize treatment. You can simply head to the nearest hospital, clinic or doctor – although you should still report your injury to your employer as soon as practical. If it isn’t an emergency, ask your employer for authorization for treatment. Anticipate your employer’s offer to direct you to a specific physician or practice and politely insist on seeing the doctor of your choice. (Going to a “company doctor” tends to put the focus on the company’s needs, not your own.)

Keep copies of all your medical records.

It’s always wise to keep copies (electronic, paper or both) of your medical records as you go, particularly if there’s a chance that you may need to be repatriated for medical care. You don’t want important documentation of your claim to go missing. Photos of your records in an online DropBox could be invaluable later. There’s a lot of pressure and anxiety on injured workers, especially if their DBA claim isn’t going well. Experienced legal guidance can help bring your claim to a successful close.

How the Defense Base Act protects surviving family members

2022-08-24T21:03:56Z

The United States military is a massive global economic force. It is a major employer of servicemembers and a driver of demand for skills civilians as well. Anywhere that the United States has a military presence, there may be military bases and civilian support staff. Contractors who take positions in overseas locations often receive very competitive compensation for their efforts. However, their employment comes with serious risks as well. The Defense Base Act (DBA) is a crucial federal law that protects civilian workers who get hurt while providing support to military bases abroad. The DBA also provides important protection for the family members of those workers if a tragedy occurs.

How the DBA protects surviving family

The effects of losing a loved one internationally will be immediate and profound. If you set aside the emotional damage that such a loss will cause, there are numerous financial considerations. The entire family may depend on the deceased family member's income. The DBA, much like workers' compensation insurance, allows for family members to receive up to two-thirds of the average weekly wage earned by their loved one prior to their death. Additionally, the DBA allows for compensation for funeral costs and medical expenses incurred by the civilian worker prior to their death. One of the most immediate and pressing concerns when someone dies in another country is repatriation. Internationally transporting a person's physical remains is a complicated task. It is difficult to organize and very expensive as well. It can cost tens of thousands of dollars depending on the location and the timing. The DBA protects family members from either extreme financial consequences due to repatriation or an inability to bring their loved one home. The DBA helps cover the cost of repatriation so that grieving family members can bury their loved ones without incurring life-altering expenses in the process.

Claims for death benefits can be hard to manage

The average person doesn't know much about federal laws like the Defense Base Act. It can be a real challenge to even learn the basics about the benefits available, to say nothing of the process of initiating and negotiating a claim. Your family will already have a lot to deal with after learning about the loss of a family member. When you have the right professional support, you will be in a better position to keep your focus on your family's needs while the lawyer manages asserting your rights under the DBA. Learning more about the Defense Base Act is important for both those working at military bases and those with loved ones pursuing such professions.

When workers get hurt loading vessels along the Mississippi River

2022-07-20T21:19:08Z

Getting hurt at work is always an inconvenience. It will typically result in at least a few hours of missed work and a requirement to fill out injury report paperwork. Sometimes, workers will need to seek outside medical care and may require an extended leave of absence because of their injury. The average worker who gets hurt on the job will be able to file a basic workers' compensation claim. Workers' compensation benefits, which operate on a state-by-state basis, can provide health coverage and also indemnity benefits when someone misses work because of an injury or work-acquired illness. If your job involves loading merchandise or raw materials onto the vessels on the Mississippi river for transportation, you may not have access to workers' compensation benefits when you get hurt out on the water.

What protects workers helping run harbors?

The Mississippi River and its tributaries are among the navigable waterways of the United States. There are docks and harbors at many points along the river, and they fall under federal protection. Workers whose jobs require that they work near or on the water at a harbor will usually need to make use of federal compensation protections, not state programs. Instead of making a basic insurance claim with the cooperation of your employer, you will need to pursue compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA offers much of the same coverage available through standard workers' compensation. It can cover some of your lost wages, pay for your medical treatment and help limit the financial devastation you experience because you get hurt on the job.

What the LHWCA can do for you

The first step toward getting benefits under the LHWCA will involve medical evaluation. You will then need to file an insurance claim, which can be quite complicated. As a dock or shipyard worker, you have protection under the LHWCA, and your employer should have the appropriate corresponding insurance. You will typically need medical documentation regarding your injuries to initiate the claim. The good news is that with the right support, you will likely be able to settle the matter outside of court instead of litigating. Knowing your protections as a harbor or dock worker can help you make use of the LHWCA if you get hurt on the job.