What Florida Residents Are Covered Under The Defense Base Act
Florida based residents that take employment overseas at overseas American locations are generally covered under the Defense Base Act. The Defense Base Act, or DBA, is an extension of legislation known as Longshore and Harbor Worker’s Compensation Act, or the LHWCA and it provides compensation in the way of disability, medical, or death benefits to eligible employees or to survivors of eligible employees. The purpose of the DBA is to ensure that employees that are considered defense contractors are provided benefits in the event that they suffer injury or wrongful death during their period of employment overseas. Thus, any Florida resident that is an overseas worker as a defense contractor would be covered under the Defense Base Act. In many cases, receiving compensation for injuries sustained overseas can be a lengthy and frustration process, and this is where the advantage of proficient Defense Base Act Attorneys can be useful.
The DBA was established by Congress in 1941 to provide compensation to those that suffer injury on the job. In essence it is a form of Worker’s Compensation that specifically benefits defense workers overseas in American locations, such as an American military base in Germany. Because military personnel have their own medical benefits and coverage, the DBA refers specifically to civilian workers in defense contracts. Thus, civilians that are employed by Americans and engage in public work projects for the American government, any American territories or military bases located outside of the continental USA will be covered. The DBA does not solely cover civilians in military operations or defense contracts, but can also cover any workers that work overseas in services such as welfare projects, the Salvation Army, and the American Red Cross.
There are many types of employment that would be covered under the DBA for Florida workers. These include a variety of consultant positions, a private contractor for the military, construction or carpenter workers overseas, as well as a number of trade workers overseas in trades such as technical fields or engineering fields. As well, translators are often covered under the DBA when they work overseas.
Any type of illness or injury that occurs during a contractor’s period of employment would be covered under the DBA. Often these workers are employed in war zones and subject to the same types of injuries or illnesses as military personnel. These injuries or illness can include everything from wrongful death, to traumatic brain injury, superficial war wounds, and sometimes even amputation or paralysis. Psychological injuries that occur after a worker is exposed to traumatic experiences or life threatening danger such as Post Traumatic Stress Disorder are also covered under the DBA.
Receiving compensation under the DBA can be a tedious process and Miami or Florida based defense base act attorneys can greatly assist Florida residents in this process. Once an injury occurs on the job site, the individual will be treated in a local or military hospital and returned home. In that event, they must seek their own medical care, and workers will be entitled to a doctor of their own choosing, but the DBA will only cover one individual cost at no choice to the workers. Much like a standard worker’s compensation claim, there are however many complex elements to a DBA claim, and a worker is advised to seek representation from defense base act attorneys who understand these complexities and can ensure the worker’s rights are maintained and they receive the compensation and medical treatment they are eligible for.
Friedman, Rodman, and Frank are proficient Defense Base Act Attorneys that can help ensure you get the results you need from your DBA claims.