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New London Defense Base Act Lawyer
Dedicated Defense Base Act Attorney in New London, CT
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. The Act is very liberal in terms of what types of activities are covered and the benefits available. If a defense contractor employee is injured overseas, the injury is covered, and a New London Defense Base Act lawyer can help them file their claim.
For instance, a rigger from Electric Boat suffered a heart attack on his day off. The injury was deemed compensable, and his widow was paid benefits. A worker drowned in South Korea on his day off, and that was deemed compensable. In Vietnam, an employee was electrocuted by plugging in a radio, and that was also covered.
Experienced Legal Counsel for Defense Base Act Claims in New London
Suisman Shapiro Attorneys-at-Law has more than 80 years of experience representing injured clients in New London and surrounding communities of New London County in a wide range of work injury claims. The Bureau of Labor Statistics received about 35,700 reports of nonfatal workplace injuries and illnesses from private sector employers in 2022, but these injuries are covered by standard workers’ compensation insurance in most cases.
Defense Base claims are filed and administered through the Workers’ Compensation system under the Longshore and Harbor Workers’ Compensation Act. The benefits, like the coverage, are very liberal. We have successfully handled claims arising in Holy Loch, Scotland; Rota, Spain; Guam; Vietnam; Saudi Arabia, and Iraq.
Employers in New London typically have workers’ compensation insurance, and work injury claims are processed and administered under Connecticut state laws. However, when a worker is injured overseas, there are various federal laws that apply to their situation, and they could be covered by their employer’s Defense Base Act insurance.
Navigating the claim-filing process in the Defense Base Act may seem straightforward at first, but it’s a very good idea to hire a Defense Base Act lawyer to guide you through the filing process. Suisman Shapiro Attorneys-at-Law can review your eligibility, assess the scope of benefits you are eligible to claim, and resolve any problems you encounter as you attempt to recover from your injury.
Injuries To Non-Appropriated Fund Employees
One of the most important aspects of your claim is your employment status. A standard private sector employee in Connecticut is usually covered by their employer’s workers’ compensation insurance if they are hurt on the job. Regular civil service employees are federal workers, and if they are hurt on the job, they are covered by the Federal Employees’ Compensation Act. Non-appropriated fund employees are categorized differently and are covered under other laws.
These civilian employees typically work on military bases at the Commissary, the PX, a gas station, pool room, gym, etc. Their claims are filed and administered in the federal workers’ compensation system under the Longshore Act, just like shipyard workers. We have handled claims arising at the U.S. Submarine Base, the Coast Guard Academy, and the Underwater Sound Lab in New London.
Both the Base Defense Act and the Non-Appropriated Fund Instrumentalities Act (NAFIA) are extensions of the Federal Longshore and Harbor Workers’ Act, but these two laws apply to different groups based on the type of work they do and their geographic location. NAFIA covers employees who are paid by revenue-generating entities on military bases both inside and outside the US. The Base Defense Act primarily covers government contractors working abroad.
In some cases, non-appropriated fund employees working overseas may technically fit the definition of workers covered by the Base Defense Act. However, the NAFIA has been written specifically to pre-empt the Base Defense Act, meaning that if a worker is covered by NAFIA, they are not also covered by the Base Defense Act. The Base Defense Act also requires employers to purchase specific insurance for workers on US military bases overseas.
This means that if you are hurt while working and qualify for this insurance under the Defense Base Act, your employer’s private insurance carrier pays for your medical bills and other losses. Negotiating with insurance companies can be extremely difficult, as they will almost always attempt to settle claims for as little as possible. However, the right attorney representing you makes this process much easier, and you’re more likely to receive a fair settlement offer.
Ultimately, navigating your legal options following an injury at work on a military base can be challenging in several ways. You will need a New London defense base act lawyer to help you determine which federal laws apply to you and how much you can receive in benefits. For help with related workplace injury matters, our New London workers’ compensation lawyers can explain the benefits and claims process.
FAQs
Can I Sue for a Work Injury on a US Military Base?
You typically cannot sue for a work injury on a US military base except under very specific conditions. A New London personal injury lawyer can help you determine your eligibility for compensation under applicable federal laws, but if a third party outside of your work caused your injury, you may have grounds to file a civil case. However, if this occurred overseas, your case would be subject to the local jurisdiction and that country’s laws.
How Much Compensation Can I Receive From the Defense Base Act for a Work Injury?
The amount of compensation you can receive from the Defense Base Act for a work injury largely depends on the severity of the injury and your average gross weekly earnings at your position. The Defense Base Act requires that employer insurance covers all of your medical expenses related to the injury, and if a covered worker dies from an injury, their family can receive death benefits.
How Much Does Defense Base Act Insurance Cost?
The cost of Defense Base Act insurance generally depends on the type of work you perform, how much you are paid, and whether the geographic location in which you work is a “Zone of Special Danger,” such as any active conflict zone. Insurance carriers generally price their policies based on perceived risk, so working in a Zone of Special Danger generally qualifies as high-risk work and will likely lead to a more expensive insurance premium.
What Insurance Companies Provide Defense Base Act Insurance?
The only insurance companies that provide Defense Base Act insurance are those that have secured authorization from the US Department of Labor Office of Workers’ Compensation Programs. Some of the largest providers of this insurance are the American International Group, the Chubb DBA Program, and Starr Companies. It’s important to review your employer’s insurance carrier so you have an idea of what to expect if you need to file an injury claim.
Why Should I Hire a Defense Base Act Lawyer?
You should hire a Defense Base Act lawyer because various federal laws may apply to your situation, and you could encounter unexpected complications that you will not know how to resolve without a skilled attorney’s help. For example, negotiating a fair settlement from a Defense Base Act insurance carrier will be much easier if you have an experienced attorney representing you.
Contact Our Defense Base Act Lawyer
New London workers’ compensation lawyers at Suisman Shapiro Attorneys-at-Law in New London assist clients from New London County, Windham County, and Middlesex County, including the communities of: New London, Norwich, Waterford, Groton, East Lyme, Stonington/North Stonington, Lyme/Old Lyme, Old Saybrook, Ledyard, and Montville with Workman’s Comp claims and SSDI claims and appeals. We also handle other personal injury and wrongful death claims.
Navigating work injury claims under the Defense Base Act and other federal laws can be extremely challenging, and you’re likely to have many questions that only an experienced attorney can answer. If you are facing a Defense Base Act case, contact Suisman Shapiro Attorneys-at-Law as soon as possible to schedule your consultation with an experienced New London Defense Base Act lawyer.
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