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Longshore & Defense Base Act Claims

Longshore Claims

Coker, Schickel, Sorenson, Posgay & Iracki has a long history of representing injured maritime-industry employees under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This is a federal statute that governs workplace injuries for certain maritime employees. It provides that the employer must pay for:img2 (1)

  • Prompt and appropriate medical attention for an injured employee
  • Disability-compensation payments
  • Potential rehabilitation training

In the event of a death, benefits include payment for reasonable funeral expenses and compensation payments to surviving eligible dependents. Unfortunately the LHWCA does not provide compensation for non-economic losses, such as pain and suffering. However, compensation is payable regardless of whether the employer was “negligent” or “at fault” in causing his or her injuries.

An injured worker is covered under the Longshore and Harbor Workers’ Compensation Act if he or she meets the criteria of a maritime employee. A claimant must satisfy both the situs (location) and status prongs to be eligible for benefits. Given the significant differences between the Federal LHWCA and claims under the Florida Worker’s Compensation Act, you should confer with an attorney qualified and experienced in Longshore claims.

If you think you may have a LHWCA claim, contact us as soon as possible. With our experience in handling claims of this nature, we can provide the legal counsel you need to protect your rights.

 

Defense Base Act

Anderson3The Defense Base Act (DBA) provides compensation to civilian workers or their dependents for injuries or death occurring while conducting government-contract work on a military base or in a zone of danger overseas. The Defense Base Act applies to all injuries or occupational diseases that arise during the course of employment or that are related to that employment.

The Defense Base Act is an extension of the Longshore Act and requires the employer to purchase an insurance policy covering DBA claims. The employer must purchase separate Defense Base Act insurance coverage and may not rely upon the workers’ compensation policy purchased for work in the continental United States. The act also covers individuals hurt while working on a short-term or temporary work assignment for a United States government
contractor in a foreign country.

If you think you may have a DBA claim, we invite you to contact us for a free analysis by our experienced team of attorneys.