We spend a lot of time talking about what an injured worker or the insurance company should do when we are discussing Defense Base Act claims, but the employer also has a number of obligations even before a worker is hurt on an overseas job. Before Going Overseas It may seem obvious to mention, but the first thing an employer must …
Attorney Fees for LHWCA/DBA Claimants
You may have noticed that in this blog we keep recommending that in any compensation claim arising under the Longshore & Harbor Workers Compensation Act (LHWCA), the Defense Base Act (DBA) and other extensions of this law you seek professional legal help, experienced in these areas of law. You may be thinking “I can’t afford an attorney! “ but in …
Fired for Filing a Compensation Claim? Seek Legal Assistance!
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 …