Florida Injury Attorneys Blog

Published on: July 25, 2017

DBA Claims with Third Party Liability

While rare, an attorney should always consider the viability of pursuing a third-party claim where a DBA injury is due to the negligence of a third-party other than your employer. This is allowed under 33 U.S.C. Section 933 (a) but has a strict requirement of notification under subsection (g)Compromise obtained by person entitled to compensation:

“1. If the person entitled to compensation (or the person’s representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the person’s representative) would be entitled under this chapter, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer’s carrier, before the settlement is executed, and by the person entitled to compensation (or the person’s representative). The approval shall be made on a form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days after the settlement is entered into.

2. If no written approval of the settlement is obtained and filed as required by paragraph (1), or if the employee fails to notify the employer of any settlement obtained from or judgment rendered against a third person, all rights to compensation and medical benefits under this chapter shall be terminated, regardless of whether the employer or the employer’s insurer has made payments or acknowledged entitlement to benefits under this chapter.”Do not settle your third-party case without first obtaining written permission from both the employer and the DBA insurance company to settle the third party claim. If you settle the third-party claim without getting written consent you will lose all future compensation and medical treatment payable by the DBA insurance company. If you are settling your third-party case for less than the compensation you are entitled to under the DBA case, you must obtain written approval on Longshore DBA Form LS-33 which must be filed within 30 days of the settlement with the District Director.

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Published on: July 24, 2017

DBA Informacion sobre la veracidad en su caso

By Jo Ann Hoffman & Associates, P.A.

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: July 7, 2017

Causation and Truthfulness in Your DBA Case

By Jo Ann Hoffman & Associates, P.A.

The good news is winning a DBA case on causation is fairly easy. Once you show 1% of the cause of your injury is due to being overseas you can recover 100% of your medical treatment. Section 20a gives you a presumption of compensability on causation where you establish that you were injured and the injury occurred overseas. And certainly if you are truthful and respectful you will probably receive medical and lost wage benefits for a period of time.

IMG_0631-1-300x225 There will come a time when the insurance company conducts a labor market survey to show there are jobs available that you can do. When you meet with the representative of the insurance company conducting the labor market survey, please understand that you must be totally honest in terms of supplying information about your prior jobs even revealing when you were terminated. You must also answer truthfully if you have any felony conviction. Attorneys for the insurance company will subpoena your prior employment records, medical records and criminal records. If you have lied to the labor market survey person, the defense attorney and/or the insurance company doctor, these false statements give the Judge a reason to deny your claim. No one expects you to be perfect, just be truthful. I like to say it would be a very boring world if we were all perfect. Continue reading →

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 20, 2016

If my employer has less than four (4) employees, am I entitled to benefits if I get hurt on the job?

By Jo Ann Hoffman & Associates, P.A.

Unfortunately, if your employer has less than four (4) employees you may not be entitled to worker’s compensation benefits under Florida Statue Ch. 440. Meaning if you get hurt on the job, YOU may be personally responsible for your medical treatment/bills as well as any and all time missed from work. Now, there are always exceptions to every rule (such as if you are in the construction industry). Under Florida Statute 440.055, [a]n employer who employs fewer than four employees, who is permitted by law to elect not to secure payment of compensation, and who elects not to do so shall post clear written notice in a conspicuous location at each work site directed to all employees and other persons performing services at the work site of their lack of entitlement to benefits under chapter 440. Continue reading →

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.

Continue reading →