Working for the U.S. at sea is a dangerous job, and one that is performed by thousands of people. Workers at harbors and on ships overseas are not covered by the same worker’s compensation laws as those working on American soil. Instead, they are covered by the Longshore and harbor workers compensation act which provides over $747 million in monetary, medical, and vocational rehabilitation benefits.
The Longshore act encompasses a number of regulations, also including the Jones Act which deals with cabotage and requires that U.S. flagships do all transportation of goods on the water between U.S. ports and that they be constructed in the U.S. and owned and crewed by U.S. citizens and permanent residents. The other major component, the Defense Base Act, provides workers’ compensation protection to civilian employees working outside the U.S. on U.S. military bases or under a contract with the U.S. government. A number of workers fall into that category, including the contractors who made up more than half of the Department of Defense’s workforce in Afghanistan and Iraq.
Injuries sustained during this type of work are often serious, and can be difficult to prove. As such, maritime claims are often taken to Defense base act attorneys, or DBA attorneys. DBA attorneys are familiar with all the aspects of the Longshore Act. For example, they know about the three day waiting period before compensation is due and about the process for making a claim.
The situations faced by many workers making claims can be complex, requiring help from a DBA attorney. For example, it can be troublesome to calculate an injured worker’s average weekly wage, to prove that a claim was filed in a timely manner, to obtain overseas medical records, and to maintain open communications with workers. DBA attorneys are skilled in all of those areas and to help workers navigate their cases efficiently.
Some of the best recommendations provided by DBA attorneys are to make sure all injuries are reported in a timely manner and to keep a paper trail. Because the job locations are overseas, insurance companies can have a hard time confirming injuries, causing many to deny claims pending investigation. By reporting injuries as soon as they happen, this can often be avoided.
Workers’ compensation is nothing to take lightly. If you’ve been injured working overseas for the government, don’t hesitate to contact a DBA attorney who can help you make sure you get the help you need.
My DBA attorney was fantastic. He helped me manage things I never would have been able to handle alone.
My DBA attorney was fantastic. He helped me manage things I never would have been able to handle alone.