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A Personal Injury, Workers' Compensation and Defense Base Act Law Firm Fighting for the Injured.

Articles Posted in Defense Base Act Claims

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Attorneys Jo Ann Hoffman & Associates is often tasked with helping individuals involved in terrorist or other violent attacks in places like Afghanistan or Iraq under the Defense Base Act. Indeed, our firm represented numerous contractors injured in the Al-Asad airbase attack by Iran in January 2020 as retaliation for the killing of Soleimani. The insurance carriers are accepting the vast majority of these Al-Asad airbase attack claims due to the wide media coverage.

From experiencing car bombings (VBIED’s) to being a victim of mortar and rocket attacks, these traumatic experiences can cause serious negative effects throughout the rest of the victim’s life. It is important for your Defense Base Act claim to properly label your injuries so that you are not limited later on the case.

What is a Psychological Injury?

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Getting COVID-19 (Coronavirus) While Working Overseas

Civilian contractors working overseas face exposure to Covid-19 and may not be able to obtain adequate medical care. The Defense Department is taking preventive measures to protect US military personnel and civilian contractors. The Defense Department has ordered everyone on DOD property to wear face masks. This includes civilian contractors.

Even if you use a mask, you may be asking yourself:

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One of the hardest and most difficult times in your work life may be when you are injured overseas. You may not know what to do, how to do it, and who to call. This firm has handled thousands of Defense Base Act cases, from initial client intake, to trial before an Administrative Law Judge (ALJ), so these are our tips to make your case successful. The days following your initial injury are the most important in how the rest of your claim goes so take the following actions:

  1. soldiers-1002_1280-300x180Report your accident and injuries immediately to your supervisor. Your report should be in writing and should detail ALL body parts injured in the accident. Send an email with a bcc to yourself.
  2. If allowed by company policy, take photos of the area where you were injured, and make certain you take photos of physical injuries if the injury is one that caused bleeding to your body, visible damage to your body or clothing.
  3. Every employer we have dealt with provides medical treatment in each country, be it in Afghanistan, Iraq, or elsewhere. Make sure you are seen by a base medic and ask for a copy of your medical records which you should keep or photo. If you are not being medically evacuated, and you decide to wait until your next R&R date to treat at home, make sure you see the medic every few days, or as often as needed, and obtain the medical reports. These medical reports will be difficult if not impossible for us to obtain once you leave and return home. The Employers and insurance companies may lose or not be able to find these medical records, which makes proving the seriousness of the injury more difficult if you are not given your medical records.
  4. Related to #3, if possible, do not wait to come home until R&R if your injury is disabling. If you find it difficult to do your job, you should ask to be sent home prior to R&R.
  5. Do not “resign” from your employment– do not sign any forms indicating that you are quitting, resigning or otherwise terminating your employment with your employer. Your employer should send you home on an MLOA– medical leave of absence.
  6. List every injury in your report of injury to your employer. Leaving out an injury in your initial report may cause the insurance company to deny your claim for that part of your body. If you fail to report what is called an “unscheduled” injury, for instance, a psychological injury but you report your knee injury, your case will be negatively impacted. Unscheduled body parts give you special rights to continued compensation payments, which enhance your claim. Unscheduled body parts include the head, neck, low back, middle back, shoulders, and mental injuries.
  7. Contact a qualified attorney as soon as you can. The days following your accident are vital to quickly and efficiently opening your claim.
  8. You are entitled to your own choice of physician under the Defense Base Act. Do not let the insurance carrier pick a doctor for you or suggest a doctor to you.

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Know your rights.

You need to know your injuries are covered under the Defense Base Act if you were working as a civilian contractor in Iraq.

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Civilian Contractors Injured in Iraq in the Iran Missile Attack

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We know War is dangerous but we tend to think of the injuries as being physical injuries from bombs or weapons.  When the worker returns home, we give a sigh of relief and life goes on.  Or does it?  On a return visit to Peru, we went to the hospital and checked on a former client for whom we obtained a settlement and we learned he was fighting cancer. Initially we saw this as an isolated case.  Even when we were contacted by a different individual who had worked for contractors in the Iraq and/or Afghanistan war zones, and had contracted cancer, we were initially skeptical that the cancer was related to their deployment.  Then we heard our former client died. This was not a “normal” cancer. It was, as the Doctor in Peru said, “like nothing we have ever seen.”

Almost everyone I speak to about those Wars, tells me they did not realize we fought those wars with foreign workers. They did not realize that American companies hired our fighters from far off places. Yes, we fought those wars with workers from Peru, Chile, Honduras, Uganda and Columbia.  Why? Cheap labor for sure and when they were injured, we sent them home. They would have to rely on medical care in their own country.

Both US Military and foreign contract workers suffered stomach or lung problems after returning home. For the foreign contract workers, visits to their community hospitals turned up odd findings on Xrays. Yet there is little cancer treatment in these third world countries where the doctor might give out ibuprofen as treatment. Given the patient’s downward deterioration or consistent weight loss, returning workers gradually died. The doctors in local communities had never been to war zones and were not aware that an illness months later could be a manifestation of a war they knew little about.

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