DBA Tag Archives — Florida Injury Attorneys Blog

Published on: December 8, 2020

Statute of Limitations Under the Defense Base Act

hourglass-2910948_1920-300x200 Did you know that there exists time period in which you must file your Defense Base Act claim in order to be eligible for compensation checks? Have you been told by an adjuster from one of the infamous insurance companies like Gallagher Bassett or AIG that your “statute has run”? In reality, your statute may not have expired at all! As an initial matter, there exists no time limit for medical treatment. This means that even if you had your injury 20 years ago, you are still eligible to file a claim for medical treatment! Medical treatment is never time barred (unless you settle your claim for a lump sum of money, then your medical claim usually closes forever).

There exists TWO statutes of limitations in the Defense Base Act: Sections 912 and 913.

Section 912 of the LHWCA/DBA provides that notice of an injury or death must be given within 30 days after injury or death, or within 30 days after the employee or beneficiary is aware of, or in the exercise of reasonable diligence or by reason of medical advice should have been aware of, a relationship between the injury or death and the employment. With respect to occupational diseases, such as mental injuries and PTSD, the statute provides for notice within one (1) year. PTSD is often classified as an occupational disease. Section 912 is the “nicer” statute, as there are several ways to get around it, including showing that the insurance company was not “prejudiced” (hurt) by the failure to timely file. We have won several cases by arguing that there was no harm! No harm, no foul as the saying goes.

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Published on: March 7, 2019

How much is paid for Death Benefits under the Defense Base Act?

By Jo Ann Hoffman & Associates, P.A.

How much is paid for death benefits?

The weekly death benefit is capped at the TTD rate of the deceased person. The TTD rate is 66 2/3 % of the weekly gross pay of the deceased (capped at $1,510.76 for 2019). If there is a wife and children, an additional 16 2/3 % is divided equally to the dependent children in addition to the 50% to the wife.

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If there is no wife but there is one dependent child, the child will receive 50% of the deceased’s weekly gross pay (let’s call that the average weekly wage or AWW for simplicity), 2 or more dependent children will receive the 66 2/3 % split equally until 1 child no longer qualifies by turning 18 or turning 24 attending full time classes in an educational institute.

Which children qualify for death benefits and for how long? The child must be either:

Under the age of 18 or
Aged 18 to 23 and engaged in full time education
Or even older than 18 and incapable of self support by reason of mental or physical disability/incapacity.

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Published on: January 16, 2019

Home Modification Victory for Our DBA Client

By Jo Ann Hoffman & Associates, P.A.

This January, an Administrative Law Judge approved a settlement reached by Javier Ruiz, Esq. relating to home modifications needed by a client (pictured below with his consent) in a Defense Base Act (DBA) case. The case involved litigation of complex legal issues requiring expert testimony as to the modifications needed to the client’s home. For instance, a wheelchair bound injured worker will need lower light switches, doors widened, ramps created, and lower sinks.

To accomplish these necessary modifications, this firm took the depositions of engineers and accessibility experts who testified as to the necessity and cost of home modifications. Mr. Ruiz travels the country in his pursuit of justice and fairness for our clients. Attorneys Jo Ann Hoffman & Associates are proud to be able to help injured workers like this who are often ignored by insurance companies.

Multitude of Benefits Available Under the Defense Base Act/Longshore Act

Do you know the types of benefits available to you if you are injured in an accident covered by the Defense Base Act/Longshore Act? Broadly speaking, there are two types of benefits available under the DBA: 1) compensation benefits and 2) medical benefits. Home modification falls under medical benefits.

Many injured workers incorrectly assume that medical benefits simply means doctors visits, surgeries, medication, and physical therapy. Fortunately, the definition of medical benefits under Section 907 of the Act is very broad, so broad that it not only includes purely medical benefits like doctors visits, surgeries, medication, and physical therapy, but the definition also includes medically necessary and reasonable apparatus. Continue reading →

Published on: January 10, 2019

Reclamos Abajo de la Ley de DBA

By Jo Ann Hoffman & Associates, P.A.

La Ley de Base de Defensa, comúnmente conocida como DBA, proporciona beneficios de Compensación y Muerte del Trabajador para los empleados de contratistas del gobierno. Permítanme explicar cómo funciona hacer un reclamo bajo esta ley.

Esta firma presenta reclamaciones de indemnización y muerte contra empresas como KBR, Fluor, Dyncorp, Academi, Lockheed Martin, SES, Servicios de Ciencia e Ingeniería, Sallyport, Michael Baker, Ciencias de la Computación Raytheon, CSR, Vinnell Arabia, MPRI Ltd., Engility, Tetra Tech , Planate Management Group, SOC, Mission Essential Personnel, AECOM, Triple Canopy y Green Group en un tribunal federal. Si usted era uno de los trabajadores contratistas, puede presentar una reclamación sin tener que venir a los Estados Unidos. Debe documentar su lesión consultando a un médico por una lesión física o psicológica causada por su empleo. Los beneficios que presentamos cubiertos por la Ley incluyen atención médica y salarios perdidos y beneficios de sobrevivientes en caso de fallecimiento. Para las personas que viven fuera de los Estados Unidos, esos beneficios generalmente se ofrecen en una suma global. Nunca somos más felices que cuando entregamos un cheque de liquidación grande a nuestros clientes. Los transportistas pagan nuestros honorarios y costos por separado en estas reclamaciones de DBA.

Una vez que el empleado regresa a casa, generalmente está solo para buscar atención médica. Las lesiones físicas pueden durar años y empeorar una vez que el empleado está en casa sin tratamiento. Los empleados que estaban estacionados en zonas de guerra a menudo desarrollan lesiones psicológicas como el trastorno de estrés postraumático (PTSD, por sus siglas en inglés) que permanece sin tratamiento durante años una vez que regresan a su país de origen. El empleado debe ver a un médico en su país de origen. Este bufete de abogados paga para que estos registros médicos sean transcritos por un traductor certificado, de modo que los registros puedan presentarse ante el tribunal y se haga un reclamo para obtener los beneficios adecuados.

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Published on: July 25, 2017

DBA Claims with Third Party Liability

By Jo Ann Hoffman & Associates, P.A.

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: 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: April 28, 2014

Calculating Average Weekly Wage Under the Defense Base Act, or AWW under DBA

By Jo Ann Hoffman & Associates, P.A.

It is vitally important to calculate the average weekly wage (AWW) following an on the job injury in a Defense Base Act (DBA) claim. It is of utmost importance that the AWW be calculated correctly, because the AWW controls how much money you will receive from the insurance carrier following an accident. Moreover, the AWW can significantly impact the value of any settlement received in a DBA claim.

received_324408114984759-e1541622913897-200x300 Section 10 of the Longshore and Harbor Workers’ Compensation Act provides three methods of calculating the AWW. Section 10(a) deals with five day a week workers, and Section 10(b) deals with six day a week workers. As most overseas workers are logging in seven day a week work schedules, we will not address those two sections here. However, the Act provides a third method of calculating the AWW, found in Section 10(c):

“If either [subsection 10(a) or 10(b)] cannot reasonably and fairly be applied, such average annual earnings shall be such sum as, having regard to the previous earnings of the injured employee and the employment in which he was working at the time of his injury, and of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, or other employment of such employee, including the reasonable value of the services of the employee if engaged in self-employment, shall reasonably represent the annual earning capacity of the injured employee.” Continue reading →