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 …
Understanding Extent of Disability in Defense Base Act Cases
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 …
January DBA Newsletter
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 …
November DBA Newsletter
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 …
South Korean Ferry Captain Learns His Fate
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 …