At Barnett, Lerner, Karsen & Frankel, P.A., we represent injured workers covered under the Defense Base Act (DBA), longshoremen under the Longshore and Harbor Workers’ Compensation Act, crew members under the Jones Act, and workers protected under state workers’ compensation laws.
Coverage for Civilian Contractors
The DBA extends Longshore protections to civilian contractors injured while working overseas. Benefits include medical care paid for by the employer and their insurance carrier, as well as wage replacement during recovery. The law covers physical injuries, repetitive trauma, and psychiatric conditions arising from stressful employment.
To qualify, a worker must prove that either an accident occurred during the course of employment or that working conditions caused, aggravated, or accelerated an injury or illness.
Benefits Available
When an injury is established, wage loss benefits are typically paid at two-thirds of the worker’s average weekly wage (AWW), subject to statutory limits. Benefits continue during recovery but may be reevaluated once the worker reaches maximum medical improvement (MMI) and can return to work.
Employer and Carrier Challenges
Employers and insurers frequently contest DBA claims. They may dispute whether an accident occurred, whether conditions existed, or whether the injury is disabling.
They may also challenge claims as untimely. Under the law, workers must:
-
Notify their employer within 30 days of an accident (or within one year for occupational disease).
-
File a claim with the U.S. Department of Labor within one year of injury (or within two years for occupational disease).
Failure to meet these deadlines may bar a claim. Because some conditions, especially occupational diseases or psychiatric injuries, are not diagnosed immediately, workers should provide written notice to their employer as soon as possible after being informed by a doctor.
Protecting Your Rights
Navigating DBA claims can be complex. Having an experienced attorney is critical to ensure deadlines are met, claims are properly filed, and benefits are secured.
In addition to Defense Base Act cases, we also represent longshoremen, Jones Act crew members, and state workers’ compensation claimants.