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1. What is the Defense Base Act?
The Defense Base Act is a law that was enacted by Congress on August 16, 1941 to extend the coverage of the Longshre & Harbor Workers' Compensation Act to civilian employees under contract with the United States to perform "public works" outside the continental United States. The law provides reasonable and necessary medical care and compensation to injured workers, and death benefits to dependent survivors of injured workers, of U.S. government contractors who perform work overseas. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
2. Am I covered under the Defense Base Act?
You are covered under the Defense Base Act if you fit into one of the following five categories: 1. Employees of private employers on any military, air, or naval base; 2. Employees of any employer upon any lands occupied or used by the United States for military or naval purposes in any Territory or possession outside the continental Untied States; 3. Employees who work on public works contracts overseas, if such employee is engaged in employment at such place under the contract of a contractor or subcontractor with the United States; 4. Employees who work on contracts approved and funded by the U.S. under the Foregn Assistance Act where such contract is to be performed outside of the U.S., which may include cash sale of military equipment, materials, and services to allies of the U.S.; 5. Employees working for an American employer outside the U.S. providing welfare or similar services for the benefit of the Armed Forces, irrespective of the place where the injury or death occurs, and shall include any injury or death occurring to any such employee during transportation to or from his place of employment, where the employer or the U.S. provides the transportation or the cost therof. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
3. What type of work activities are covered under the Defense Base Act?
If you are injured in the course and scope of your employment you are covered. However, even if your injury has nothing to do with your employement, you may still be covered under the Defense Base Act if you are considered to be in a "zone of danger." In our opinion, anyone working under a contract with the U.S. anywhere in Iraq or Afghanistan would be covered 24 hours per day due to the "zone of danger" rule. Case law is very liberal in this regard and has afforded coverage to injured workers for a variety of injuries which had nothing to do with their employment. If you are uncertain if you are covered, we invite you to contact us to discuss your particular situation. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
4. What should I do if I am injured?
The first thing you should do is notify your employer. The law requires you to notify your employer within 30 days of your injury. You should notify your employer and seek medical attention for your injuries. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
5. Am I entitled to treat with a doctor of my own choosing?
Yes. The law provides you with your "first free choice of physician." This is a very critical part of your case. You should make sure that you choose a qualified doctor who is capable of treating your particular condition and who is a patient advocate. We can help you choose your first physician as this may become the single most important aspect of your case. We would encourage you not to make that decision without carefully considering how it will impact the rest of your case. Many insurance companies try to make that decision for you which can be a huge mistake and may result in you not receiving adequate medical care or full compensation. We recommend that you not sign any form giving away your right to your choice physician. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
6. What benefits am I entitled to under the Defense Base Act?
You are entitled to compensation for temporary total disability at the rate of two thirds of your average weekly wage, up to the maximum compensation rate (for 2007 that is $1,114.44 per week) for so long as a doctor says you are unable to return to work on a temporary basis. If you are able to return to work with restrictions on a temporary basis, you are entitled to temporary partial disability compensation at two thirds of the difference between your previous average weekly wage and what you are now able to earn.
Once you reach the point of maximum medical improvement, your benefits change from temporary to permanent benefits. At that point, if you have an injury to the head, neck, shoulders, back or spine, you have what is called a "body as a whole" case, and you are eligible for either permanent total or permanent partial disability which may be payable for the remainder of your life. If you do not have an injury that qualifies for "body as a whole" benefits, you are eligible for a "scheduled award" benefit in accordance with a table that allows a certain number of weeks to be paid per the injured body part. For example, the law states that if you were to lose a leg, you would be entitled to 284 weeks of compensation for that injury upon reaching maximum medical improvement. While this does not seem fair, there are arguments which we have successfully made to cause a scheduled award case to become a "body as a whole" case, opening eligibility for permanent partial and/or permanent total disability in some scheduled award situations.
If your loved one dies as a result of an injury on the job, you are entitled to death benefits. Death benefits are payable at the rate of one half of the employee's average weekly wage to a surviving spouse or child, or two thirds of the average weekly wage for two or more eligible survivors up the the current maximum rate of $1,114.44 per week. In order to receive death benefits, you may be required to prove dependency at the time of death. These death benefits may be payable to a spouse for the remainder of the life of the spouse, so long as the spouse does not re-marry. The death benefits to a child may last through college. You are also entitled to funeral expenses up to $3,000.00.
According to the law, you are also entitled to reasonable and necessary medical care for your injuries. You are entitled to treat your injuries with a doctor of your own choosing. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
7. What should I do if am not receiving these benefits and believe that I should be?
If you are not receiving your benefits, you MUST file a claim with the U.S. Department of Labor (DOL), Office of Workers' Compensation Programs (OWCP), Division of Longshore and Harbor Workers' Compensation, within one year of your injury or within one year of your last receipt of compensation benefits. Their are eleven district offices throughout the U.S., and you should file your claim in the office responsible for the geographic area where the injury or death occurred. If you fail to timely file your claim, you may be forever barred from receiving these valuable benefits. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
8. Do I have to be a U.S. cititzen to receive these benefits under the Defense Base Act?
No. Aliens and non-U.S. residents are entitled to receive benefits under the Defense Base Act. However, there are some limitations regarding the amount of benefits payable and death benefits. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
9. Do I have to be working for a U.S. company in order to be eligible for benefits under the Defense Base Act?
No. Non-U.S. companies contracting with the U.S. to assist in U.S. war activities are responsible to injured workers under the Defense Base Act. The U.S. will generally require all companies that it contracts with to obtain insurance coverage for all employees in accordance with the requirements of the Defense Base Act. We invite you to contact us today if you have a question about your case. We will educate you and fight to make sure that you receive the full benefits you deserve.
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The Law Offices of Gillis, Mermell & Pacheco, P.A.
9350 South Dixie Hwy
Suite 1520
Miami, FL 33156
Phone: 305.595.3350 ◊ Fax: 305.595.6696
The Law Offices of Gillis, Mermell & Pacheco, P.A. , primarily serves clients in southern Florida, including Miami-Dade County, Broward County, Palm Beach County, and Monroe County, the Port of Miami, Port Everglades, Port of Palm Beach, Miami River, Fort Lauderdale, Hollywood, Miramar, Weston, Miami Beach, Coral Gables, Pinecrest, Hialeah, Miami Lakes, Westchester, Kendall, and Homestead. However, we also serve clients anywhere in the United States of America, under the Defense Base Act and/or the Longshore and Harbor Worker's Compensation Act.