Under the provisions of the Act, overseas federal military and public works contractors are subject to the same workers' compensation rules as maritime employers covered by the Longshore and Harbor Workers' Compensation Act (LHWCA). Including the same insurance requirements and same schedules of benefits for covered workers. The same LHWCA laws and rules apply.
The DBA provides no-fault coverage to injured workers. Injured workers and the survivors of workers killed on the job are entitled to benefits for employment-related injuries, illnesses, and deaths. It is their exclusive remedy against their employers. Which means these workers can not sue their employers for their injuries.
Third Party Claims
However, DBA employees can bring third party lawsuits against persons and/or entities whom are legally entities other than their employers. If your serious injury was caused by an entity other than your employer - you should explore a third party lawsuit.
Defense Base Act Insurance Carriers
Contractors covered by the DBA may purchase workers' compensation insurance from private carriers approved by the DOL. Currently, the major providers of DBA insurance coverage are ACE-USA, American International Group (AIG), and CNA. The following are the largest Defense Base Act insurance companies or carriers with thier percentage of DBA cases from 2000 - 12-31-2009:
AIG: 79%
ACE - USA: 9%
CNA: 9%
All others: 3%
AIG has the lion's share of DBA cases.Of the 55,988 new DBA cases created between September 2001 and the end of December 2009, 54,449, or 97.3% were insured by one of these three companies or their subsidiaries. The largest single insurer of DBA cases during this period was the Insurance Company of the State of Pennsylvania, an AIG company that insured 43,901 DBA cases.
It's A Game of Attrition
The fact that so many DBA cases are concentrated into so few insurance carriers allows these insurance companies to play a game of attrition. Even though this "game" affects the lives of so many injured DBA workers. It certainly doesn't feel like a game to them.
However, this attrition approach to DBA claims allows these few insurance companies to greatly profit. In essence, the insurance companies are relying on workers settling their cases before they obtain a Compensation Order from the Office of Administrative Law Judges (OALJ).
The insurance companies make benefits difficult to obtain. They can out-wait claimants. They realize some claimants will have economic stress and will settle early because of their economic situation.
Hiring A Local Lawyer
DBA workers return injured and are spread across the country. Many claimants will hire local workers compensation lawyers. These local lawyers haven't been handling LHWCA and/or DBA cases for 20 years like the defense lawyers the insurance companies hire. These local lawyers get taken to the cleaners by these grizzled insurance company lawyers. So they settle these cases for pennies on the dollar.
The problem is the insurance company stall tactics appear to be working. Too many claims fall by the wayside. Too many claimants and their lawyers are taken advantage by these few insurance companies.
What You Can Do
Be sure the lawyer you hire has a history with the DBA/ LHWCA. It really does make a huge difference in the outcome of your case. This is not to suggest that many cases should not be settled. However, they shouldn't be settled for pennies on the dollar. If your lawyer is telling you to settle your case and you don't think you are getting a fair deal, get a second opinion.
Authored By William Turley
When an employee is personally injured on the job or through a marketed product, they may choose to take matters up with the legal system. ...
The Defense Base Act (DBA), created in 1941, extended the federal workers' compensation program for longshore and harbor workers. The DB...
Contacting a bankruptcy lawyer might seem intimidating, but it does not have to be. There are plenty of people out there who would benefit a...
October 8, 2012 at 11:30 AM
Experience is key. Personal injury law is a niche, just like physicians specialize on a certain areas of medicine. That being said, look for someone who has dealt with a lot of cases in that area. Choose a lawyer with experience of about 10 years, at the least. It would be best to find a lawyer whom is a bit older, since it would follow from logic that a younger attorney would tend to have lesser experience than older ones.
Allan Kenan
October 17, 2012 at 11:28 AM
November 27, 2012 at 9:06 AM
You should also pick an attorney whom you feel comfortable with. An attorney that explains everything to your satisfaction and is not bothered when you ask questions is a good choice, since you should understand how the two of you can work on your case.
Javier Hoppes
November 27, 2012 at 10:10 AM
Be sure to hire a lawyer who works exclusively on contingency basis. Contingency basis refers to a “no win, no fee” arrangement. This payment arrangement will guarantee that your lawyer will be invested on the result of your case, since only by winning can he or she have compensation.
- Tracy Pierre