Defense Base Act: Longshore & Harbor Workers

Aug 12, 2020
Termination

Welcome to the informative page on Defense Base Act and its impact on Longshore and Harbor Workers. At Berggren & Turturice, we specialize in providing comprehensive legal representation in Admiralty and Maritime Law cases. Our team of highly proficient attorneys are dedicated to helping individuals navigate through complex legal processes and fight for their rights.

Understanding the Defense Base Act

The Defense Base Act (DBA) is a federally mandated program that provides benefits to civilian employees working overseas on U.S. military bases or under contracts with the U.S. government for public work. It specifically covers workers engaged in activities related to national defense, such as construction, maintenance, and support services.

Under the DBA, Longshore and Harbor Workers' Compensation Act (LHWCA) provisions are extended to eligible workers overseas. This means that employees injured or disabled while performing their duties in these hazardous environments are entitled to medical treatment, wage replacement, and other benefits. It is crucial for workers and their families to understand their rights under this specialized legislation.

The Importance of Legal Representation

When facing a DBA claim, it is essential to have competent legal representation to ensure your rights are protected and that you receive the appropriate compensation. At Berggren & Turturice, our experienced attorneys have a deep understanding of the intricacies of the DBA and can guide you through the process from start to finish.

We strive to provide personalized attention and compassionate support to each client. Our team will help you gather the necessary documentation, navigate the claims process, and negotiate with insurance companies or employers to obtain the maximum benefits you deserve.

DBA Claims Process

The DBA claims process can be complex, involving various legal and administrative steps. Here is a brief overview of the typical process:

  1. Initial Injury Reporting: It is crucial to report any workplace injury to your employer as soon as possible. This establishes the foundation for your claim.
  2. Medical Treatment: Seek immediate medical attention for your injuries. Document all medical treatments received, as they will be crucial in assessing the extent of your injuries and determining the benefits you are entitled to.
  3. Employer's Report: Your employer is responsible for filing an Employer's First Report of Injury or Occupational Disease form with the Department of Labor's Office of Workers' Compensation Programs (OWCP) within ten days of being notified of your injury.
  4. Claims Filing: You, or your attorney, must file an Employee's Claim for Compensation form with the OWCP. This form includes details about your injury, employment information, and supporting documentation.
  5. Claims Evaluation: The OWCP will evaluate your claim, including reviewing medical reports, employer's reports, and any additional evidence supporting your case.
  6. Negotiation and Settlement: If necessary, your attorney will negotiate with insurance companies or employers on your behalf to secure a fair settlement. If a settlement cannot be reached, your case may proceed to a formal hearing.
  7. Appeals Process: In the event of a denied or unsatisfactory outcome, you have the right to appeal the decision. Our attorneys can guide you through the appeals process, representing your interests and fighting for a favorable resolution.

Contact Us for Comprehensive Legal Support

If you or a loved one have been injured while working under the Defense Base Act, it is crucial to seek experienced legal representation. At Berggren & Turturice, we have a strong track record of advocating for our clients' rights and securing the compensation they deserve.

Contact us today to schedule a consultation with one of our knowledgeable attorneys. We are here to provide the guidance and support you need during this challenging time.

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