Florida is constantly bustling with new construction and development projects. While these projects provide numerous jobs, the construction workers who complete these projects are often exposed to risk while on the job, as any number of accidents could occur. There is a risk of falling, electrocution, burns, injuries from equipment, and injuries related to working outdoors for long periods of …

When you have been injured while working overseas, you have a right to choose your own physician once you have returned to the United States, no matter what your employer, or your employer’s insurance company, says to the contrary. You do not have to use an employer provided doctor, nor is your choice of doctor limited to a list of …

No one accepts an overseas contract or employment position with the intent of becoming injured on the job. But injuries while working abroad happen to many Americans each year. It can be a scary situation, to be hurt and unable to work while being so far from home. While each injury sustained by an American overseas is a unique situation, …

Compensation for a worker’s injury under the Defense Base Act (DBA) is based on the worker’s Average Weekly Wage (AWW). Calculating a worker’s AWW can sometimes be complicated under the DBA because there are multiple ways to make the AWW determination based on how the worker conducts his or her work and what type or injury was sustained by the …

Civilian employees and private military contractors who are injured while working overseas can obtain compensation for their injuries under the Defense Base Act (DBA). The DBA is an extension of the federal laws codified in the Longshore and Harbor Workers Compensation Act, which provides workers’ compensation for injured longshoremen and harbor workers. The DBA specifically extends compensation benefits to those …

HOW YOUR SOCIAL MEDIA ACCOUNT CAN BE USED AGAINST YOU By David C. Barnett, Esq. and Samuel S. Frankel, Jr., Esq. During the past few years we have noticed that insurance carriers and their attorneys are looking at injured workers’ various social media accounts, such as Facebook, as a way to defend a case.  Oftentimes, the insurance carriers and their …

Presumptions Under The Act By Liza E. Lima, Esq. The Longshore and Harbor Workers’ Compensation Act, as extended by the Defense Base Act, is written with certain advantages for injured workers.  These advantages, known as “presumptions”, are listed under Section 20 of the Act. Specifically, Section 20 states: “In any proceeding for the enforcement of a claim for compensation under …

A few months ago we talked about the South Korean ferry accident of April 16, 2014, which took over 300 lives.  Most of those who died were teenagers from one high school on a class trip.  The circumstances surrounding this incident sparked national anger and grief, and the South Korean president disbanded the nation’s Coast Guard in response to its …

Whenever there is a potential Longshore & Harbor Workers Compensation Act (LHWCA) claim, you may hear the words “situs” and “status” thrown around in an effort to determine whether there is coverage under the LHWCA. “Situs” refers to the location where the injury took place, the physical location.  This is extremely important, because distinctions regarding coverage are made based on …

DBA Newsletter ======================================================================================================================================= WELCOME TO THE DBA NEWSLETTER, PREPARED BY BARNETT, LERNER, KARSEN & FRANKEL, P.A.  WE HOPE THIS WILL HELP YOU LEARN MORE ABOUT THE DEFENSE BASE ACT AND YOUR LEGAL RIGHTS. ======================================================================================================================================= Notice of Injury By Anna Castro, Esq. When you get hurt, it is important that you notify your Employer as soon as possible to protect your …

As we have previously discussed in this blog, many of those who worked in Iraq and Afghanistan for private U.S. contractors were providing paramilitary services.  These included private security companies that did such tasks as providing bodyguards for VIP’s such as Afghan president Karzai, or guarding geographical locations such as oil fields and refineries.  The private military contractors have also …

DBA Newsletter ======================================================================================================================================= WELCOME TO THE DBA NEWSLETTER, PREPARED BY BARNETT, LERNER, KARSEN & FRANKEL, P.A.  WE HOPE THIS WILL HELP YOU LEARN MORE ABOUT THE DEFENSE BASE ACT AND YOUR LEGAL RIGHTS. ======================================================================================================================================= WHAT ARE PPD BENEFITS? Samuel S. Frankel, Jr., Esq. As many of you know, injured workers may be paid “compensation benefits” or “wage loss benefits”, which …