Longshore and DBA claims

Published on: July 24, 2017

DBA Informacion sobre la veracidad en su caso

Ganar un caso de DBA es fácil, cuando se lo hace honestamente. Una vez que usted muestre el 1% de la causa de su lesion en el extranjero puede recuperar el 100% de su tratamiento medico. La Seccion 20a le da una presuncion de compensabilidad sobre las causas cuando usted establece que usted fue lesionado y la lesion ocurrio en el extranjero. Y ciertamente si usted es honesto, recibirá probablemente los beneficios medicos los salarios que se han perdido por un periodo de tiempo.

Llegara un momento en que la compania de seguros llevara a cabo una encuesta de mercado de trabajo para mostrarle que hay puestos de trabajo disponibles que usted puede desempenar. Cuando se reune con el representante de la compania de seguros que lleva a cabo la encuesta de mercado de trabajo, por favor, entienda que debe ser totalmente honesto acerca de la informacion sobre sus trabajos anteriores, incluso revelando cuando se le despidio. Tambien debe responder con sinceridad si tiene alguna condena de delito grave (arrestos). Los abogados de la compania de seguros recolectara sus registros de empleos anteriores, registros medicos y antecedentes penales. Si usted ha mentido a la persona de la encuesta de mercado de trabajo, el abogado de la defensa o al medico de la compania de seguros, estas declaraciones falsas son una razon importante para que el juez niegue su reclamo. Nadie espera que sea perfecto, pero si honesto. Yo pienso que este mundo seria muy aburrido si todos fueramos perfectos.

La misma regla en cuanto a la honestidad, se aplica tambien con su historial medico. Si tuviste dolor o heridas en la parte lesionada de tu cuerpo en el pasado, debe ser sincero y debe revelarlo. Si no recuerdas una lesion anterior o un dolor previo, es mejor decir “no lo recuerdo.” No hay necesidad de salir con una extremidad y decir “No, nunca me lastime la espalda, o el cuello, etc.” ya que en algun lugar de su historial medico pasado esta registrado dicho dolor o lesion previa. Si usted no recuerda esas lesiones, pero aun así da la impresión erronea de que ha mentido, el juez tomara eso como una razón para negar tu reclamo.

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Published on: July 18, 2017

HOW TO TIMELY PURSUE YOUR DBA CLAIM

By Jo Ann Hoffman & Associates, P.A.

So if you are injured working overseas for an American Contractor, the first thing you do is report your injury and file an LS-203 form with proof you served it on your DBA employer. It is a good idea to email the adjuster as well and copy yourself so you have proof you sent it.

IMG_9968-e1496774833618-1-225x300 Once the OWCP claims examiner is assigned to your case, then you can have a conference set up via a written request for an informal conference. With this written request you will provide details, documentation, and medical proof of your right to benefits. Once the OWCP claims examiner issues the recommendation in your favor you can hope but do not expect insurance company to start paying. Be sure the recommendation addresses all of the issues you are requesting so that the judge can then rule on all of those issues. Serve your LS-18 pre-hearing statement 14 days after the recommendation issued.

You should consider hiring a law firm specializing in DBA cases even if they are far away from where you live. This firm is not afraid to jump on a plane and come see you so you know who you’re talking to or we can schedule video conferences via Facetime or Whatsapp. We employ multiple staff fluent in Spanish. It is important that you feel comfortable with the law firm representing you. Do not make the mistake of hiring a local Worker’s Compensation attorney who is not familiar with defense base cases which are governed by Federal law. These are very specialized cases and most of the attorneys that handle them reside on the East Coast, the West Coast and the Gulf States. This is true because those attorneys usually handled Longshore claims for people injured near the navigable waters or oceans. Longshore cases are governed by the same law which applies to DBA cases. Also, choose a firm that responds to your emails or telephone calls as you and your injuries should be treated respectfully.

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Published on: June 6, 2017

Obtaining a Large Settlement Under the Defense Base Act

By Jo Ann Hoffman & Associates, P.A.

To obtain a large settlement under the Defense Base Act, it is easiest to start by receiving medical benefits under the Defense Base Act.

IMG_9968-e1496774833618-1-225x300 First, file a LS-203 which is essentially your claim for compensation benefits from your Employer and their insurance carrier. Then, once the employer turns in the notice to the insurance company, you will be set up with medical care. Give the doctor an accurate but brief description of your injury. Virtually all injuries abroad are compensable as you must be duty fit. So whether you are hurt because you fall in the shower, sprain your back while working out or twist your ankle walking, you are entitled to medical care. Initially, it will be provided on the base in country, and then at home when you return home.
Next: You Choose Your Doctor
You have the absolute right to choose your treating doctor. NEVER let the insurance carrier pick a doctor for you. We like to help you choose a doctor who will be favorable for your case. Continue reading →

Published on: October 26, 2016

Statute of Limitations on Longshore and Defense Base Act Claims (DBA)

By Jo Ann Hoffman & Associates, P.A.

How long does an injured longshoreman or civilian contractor have to file a claim under the Longshore or Defense Base Act? The answer, in most instances, is one (1) year from the date of the injury.

What happens if you are paid compensation and your employer terminates the payments? You should likely retain a qualified attorney immediately. But with respect to the statute of limitations, if your employer voluntarily pays compensation benefits and then terminates those payments, you will then have one (1) year from the time that your employer terminates compensation benefits for you to file a claim for additional compensation benefits.

If your claim is due to what is referred to in the act as an “occupational disease”, like hearing loss or exposure to harmful chemicals, you have two (2) years to file your claim. The time does not start until you first become aware of the relationship between the occupational disease, your disability, and your employment. An occupational disease is an illness or medical condition which develops as a result of exposure to harmful conditions or substances in the workplace. With occupational injuries, the insurance companies love to litigate against injured workers over when the disease manifested itself, and when the employee became aware of the link between the disease and his or her employment. Often, the diseases or conditions as a result of exposure does not manifest itself for years or decades, and not until you have retired or left a particular employer. It is therefore important to retain a qualified attorney to represent you as you navigate the intricacies of the Longshore and Defense Base Act.

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Published on: October 14, 2016

DBA Death Case Claims and Benefits

By Jo Ann Hoffman & Associates, P.A.

Death There are over 100,000 contractors abroad helping our troops and our national security in countries all over the world. In Afghanistan, our contractors outnumber our troops by 3 to 1 ratio and 70% of our contractors are foreign nationals. Multiple jobs are available in Iraq at www.civiliancontractorjobs.com

We have peacekeeping personnel all over Africa, some supporting the Eastern Accord and as well as other missions.

Given that our workers are stationed in diverse and underdeveloped locales, serious injuries including death can occur with less than optimum treatment.

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Published on: October 13, 2016

HEARING LOSS UNDER THE LONGSHORE AND DEFENSE BASE ACT

By Jo Ann Hoffman & Associates, P.A.

hearing-protection-1532036 Hearing loss under the Longshore and Harbor Workers’ Compensation Act, as extended by the Defense Base Act, is compensated under Section 8(c)(13) as a scheduled injury, resulting in a scheduled award. It is a traumatic injury in that the harm occurs immediately upon exposure.

Hearing loss is determined by the use of a professional audiologist who will perform an audiogram. The audiogram will show the percentage loss of hearing in each ear, and that can then be used to determine your overall hearing loss.

There are two types of hearing loss under Section 8(c)(13). The first is monaural hearing loss, which simply means a loss of hearing in one ear. A 100% loss of hearing in one ear results in 52 weeks of compensation at the appropriate compensation rate. For example, if you have a 30% loss of hearing in one ear only, you will be paid for 15.6 weeks of compensation at the appropriate compensation rate(30% of 52 weeks).

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Published on: October 12, 2016

DBA Death Claims and Benefits Explained

By Jo Ann Hoffman & Associates, P.A.

Death There are over 100,000 contractors abroad helping our troops and our national security in countries all over the world. In Afghanistan, our contractors outnumber our troops by 3 to 1 ratio and 70% of our contractors are foreign nationals. Multiple jobs are available in Iraq at www.civiliancontractorjobs.com

We have peacekeeping personnel all over Africa, some supporting the Eastern Accord and as well as other missions.

Given that our workers are stationed in diverse and underdeveloped locales, serious injuries including death can occur with less than optimum treatment.

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Published on: August 1, 2016

Customer Service is Our Number One Priority

By Jo Ann Hoffman & Associates, P.A.

I just returned from London, England where I had my client sign her release. There was a notary requirement on the original release, but in London, a notary charges £100 pounds, which is equivalent today to $130.00.

To save my client that money, we spoke with the supervisor at the insurance company and received approval for her signature to be witnessed by two people in London, which was done instead of having a notary. This saved the client $130.00 and we did not charge the client for our travel expenses, as we frequently do business in London.

We receive calls from all over the United States from people injured while providing services to our troops stationed throughout the world. Their injuries are covered under the Defense Base Act, which is a Federal Statute, providing workers compensation benefits.

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Published on: December 31, 2015

The Longshore Aggravation Rule

By Jo Ann Hoffman & Associates, P.A.

What happens in your Longshore or Defense Base Act (DBA) claim if you re-injure yourself working for a different employer after your initial accident?

The answer, like many legal questions, is “it depends.” If a Claimant’s disability results from the natural progression of a prior injury and would have occurred notwithstanding a subsequent injury, the prior injury is a compensable injury and the Claimant’s employer at the time of the prior injury is responsible. This was the holding in Wallace v. Cerris Marine Terminals. Consequently, if the subsequent injury is one that was natural and unavoidable as a result of your initial injury, the initial employer will be paying your benefits under the Longshore Harbor Workers’ Compensation Act and/or the Defense Base Act. If, however, the subsequent injury aggravates, accelerates or combines with the earlier injury to result in the Claimant’s disability, the subsequent injury is a compensable injury and the subsequent employer is responsible. This is what is commonly referred to as the “Aggravation Rule”, and it can cause numerous problems in obtaining benefits under the Longshore Act.

If you suffer an injury with one employer and begin working with another covered employer, the insurance carrier for the initial employer may thereafter stop benefits if they have reason to believe that you have aggravated your injury with the new employer. If the insurance ceases paying benefits based on this Aggravation Rule, the insurance carrier for your new employer will have to be notified of this claim, and a determination of which carrier is responsible will ultimately be made by an Administrative Law Judge. Continue reading →

Published on: January 22, 2015

Compensation and Disability Checks under the Longshore and Defense Base Act

By Jo Ann Hoffman & Associates, P.A.

If you are a longshoreman, or are covered under the Defense Base Act (DBA) extension, and are injured on the job, you will be entitled to compensation for missed time from work (lost wages) due to your injuries. The Longshore compensation system is based off of your earnings for the fifty-two (52) weeks of earnings prior to your accident. Different rules apply to five (5) day and six (6) day workers. It is very important to reach an accurate calculation of your average weekly wage, as this will determine the amount of your disability benefits.

There are four (4) types of disability for which a longshoreman can be paid for lost wages under the Longshore and Harbor Workers Compensation Act (LHWCA) (as well as the extensions under the Defense Base Act):

1. Permanent total disability: A claimant establishes a case of permanent total disability when he demonstrates that the injuries or illness prevent him from returning to his prior job. At that point, the claimant has established a prima facie case, and the burden shifts to the employer to prove suitable alternate employment. Suitable alternate employment means any employment that the employee, given his age, education, background, restrictions and limitations could secure, if he diligently tried. The employer must point to actual, not theoretical, jobs to establish suitable alternate employment. If such suitable alternate employment is proved by the employer, then the claimant’s disability is characterized as a permanent partial disability. Compensation is then calculated as two-thirds of the difference between the claimant’s pre-injury average weekly wage versus his post-accident average weekly wage in the suitable alternate employment.

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