Workers filing a compensation claim for injuries under the Longshore & Harbor Workers Compensation Act, or, by extension, the Defense Base Act sometimes fear retaliation or retribution from their employer. Sometimes workers are fired, or threatened with firing when they file a claim. Sometimes their management refuses to accept a claim form. The law is clear that this activity is …
“Zone of Special Danger” under the DBA
The Defense Base Act, an extension of the Longshore & Harbor Workers Compensation Act, was designed to compensate those workers injured overseas while working for U.S. contractors. Since its enactment in 1941 there has been a long line of cases determining what is and is not considered “within the scope of employment” for DBA purposes. In traditional workers compensation schemes …
Dangerous Jobs Covered Under The Jones Act?
Security Contractors were Former Navy Seals A puzzling and tragic story has come out of the Seychelles in the Indian Ocean, off the coast of Africa. Two former Navy Seals, who were security contractors aboard the Maersk Alabama were found dead in a cabin on the ship, which was in port. The two contractors worked for Trident Group, a private …
Defense Base Act: What about disputed claims?
Sometimes the claims for workers’ compensation under the Defense Base Act (an extension of the Longshore & Harbor Workers Compensation Act) are disputed by the employer or the insurance company. There are a number of reasons these claims might be disputed. The employer might be questioning whether the injury occurred in the course and scope of your job, …
Vocational Rehabilitation & the LHWC Act
Available for those with permanent disability If you have been injured on the job, and have filed a claim for compensation, in addition to lost wages and medical treatment, you may also be eligible for vocational rehabilitation. Perhaps you can no longer perform the job you used to do, but you may be able to do another type of job. …