Although the DBA prevents employees from obtaining the full costs of an injury from an employer, there are still ways to receive compensation in Fort Shaw, MT. Depending on the circumstances of your case, the law may allow you to file a case against:
Your employer can be named in a lawsuit if you are pursuing a case against someone else implicated in your injury. For example, if your injury occurred in Fort Shaw, MT due to the recklessness or negligence of another worker, the employer could be named as a second party to the civil lawsuit.
Employees can file civil suits involving someone other than your employer. If any or all parties are found to be at in Fort Shaw, MT fault, you can recover pain and suffering, lost earnings, and damages for permanent disability or loss of enjoyment of life.
In most cases, DBA insurance coverage prevents workers from filing injury lawsuits against their employers. But if an employer, contractor, or a subcontractor fails to secure DBA insurance coverage, employees can sue the employer for civil damages. In these cases, employers cannot defend the claim based on your negligence or your assumption of risk in taking the job in Fort Shaw, MT.
It is important to understand how the DBA works, what coverage you are entitled to, and common ways these claims are denied in order to get fair payment. For help on gathering evidence and other ways to build your strongest case, look through our free book, DBA Resource Guide.
Contact us today to schedule a free confidential consultation with our Defense Base Act Lawyers. Our dedicated staff will provide you with the attention and consideration that you deserve in your time of need. Our Defense Base Act attorneys at the Mara Law Firm will devote ourselves to protecting your interests and obtaining the maximum benefits that your case merits.
Years of experience delivering exceptional results for workers injured under the Defense Base Act.
What Is The Defense Base Act?
The Defense Base Act provides workers’ compensation protection to civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense.
What do you need to know about defense base act coverage?
You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.
What types of benefits are available under the defense base act?
|You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.|
|The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours. Compensation
for total disability is two-thirds of the employee’s average weekly earnings, up to a current maximum of $1,030.78 per week. Compensation also is payable for partial loss of earnings. Death benefits are
half of the employee’s average weekly earnings to the surviving spouse or to one child, and two-thirds of earnings for two or more such survivors, up to the current maximum weekly rate.
Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. There is no minimum compensation rate. Permanent disability and death benefits payable to aliens and non-U.S. residents may be commuted by payment of half of the present value of future compensation, as determined by the OWCP district director. The injured employee is entitled to medical treatment by a physician of his/her choice, as the injury may require. Medical benefits may not be commuted.
Who is covered under the DBA?
The Defense Base Act covers the following employment activities: Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; Working on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States; Working on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States; Working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO. If anyone of the above criteria is met, all employees engaged in such employment, regardless of nationality, are covered under the Act.
When to consult a defense base act attorney?
It is never too early to consult a defense base act attorney. In fact, you should reach out to an experienced, trustworthy Defense Base Act Lawyers as soon as you become aware of a work-related injury or condition that is impacting your ability to work. The early phases are critical and mistakes that happen right after suffering an injury can be extremely difficult to overcome for the duration of your case. The right attorney will guide you down the right path so you can avoid those mistakes, which, without that guidance, you will not know the pitfalls to avoid.
If you are in need of employment litigation attorney in Montana or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately
for a FREE consultation.