Your annual wages must be calculated then divided by 52. Once you understand your AWW and claim’s value, we can talk with the insurance provider about a settlement under the Defense Base Act. Either you or the insurer can raise the question of a settlement, and both sides have the power to negotiate a fair amount.
Full Answer
What is the Defense Base Act (DBA)?
What is the Defense Base Act (DBA)? The DBA is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas.
Where can I file a Defense Base Act claim?
Where should new Defense Base Act claims be filed? Fax to the Case Create Fax: (202) 513-6814 - this is the preferred method for receiving "case create" forms. Mail case create forms to the Jacksonville DLHWC Office.
How much does the Defense Base Act pay for funeral expenses?
The Defense Base Act also incorporates the LHWCA's provision for payment of reasonable funeral expenses up to $3,000. Permanent total disability and death benefits are subject to annual cost of living adjustments.
Can the Secretary of Labor waive application of the Defense Base Act?
The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States.
How is settlement amount calculated?
The settlement amount is calculated by adding back the accrued interest on the clean price and then multiplying by the face value.
What are Defense Base Act claims?
The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours.
How do you calculate DBA insurance?
The insurance company will take the total payroll you anticipate and plug it into a rate that they have predetermined. We often see rates around $3.50-$4.50 per $100 in payroll. The basics here are to take your total payroll and divide it by 100, then multiply it by the rate the insurance company sets.
What does DBA mean military?
The Defense Base ActThe Defense Base Act (DBA) guarantees the benefits of workers' compensation to civilian contractors and subcontractors working overseas for the U.S. military.
When was the Defense Base Act passed?
1941The Defense Base Act (DBA) was enacted by Congress in August of 1941 as an extension to the Longshore and Harbor Workers Compensation Act 33 U.S.C. §§901-950 (LHWCA).
Is DBA insurance required for Guam?
Although Guam is an unincorporated territory of the United States, the DBA was waived for any DBA-covered contracts and work on the United States military bases in Guam. That waiver covered both locals in Guam (who are U.S. citizens) and third-country nationals.
Can the US Department of Labor waive the Defense Base Act?
DBA Waivers Request for Waiver - Defense Base Act, Form BEC 565 - Print the form that is required to request a Waiver from the Department of Labor.
What is a defense base act settlement?
Defense Base Act Settlements: How a Defense Base Act Attorney Can Help. The Federal government passed a Defense Base Act (DBA) aimed at protecting you and your income as you work abroad for the United States State Department or military. While working abroad as a contractor, you’re subject to hazardous conditions that make you exposed to injuries.
When the time to settle a defense claim comes, you may undercut yourself?
When the time to settle a defense claim comes, you may undercut yourself, as you might not know the difference between an inappropriate and appropriate offer.
Does the DBA pay for pain and suffering?
The DBA doesn’t compensate workers for their “pain and suffering,” which is why you need to concentrate on the financial losses that result from your work injuries or PTSD.
Do you have to file a DBA claim?
The Act also provides workers’ compensation to offset medical costs. However, to be compensated, you need to file a DBA claim, and a lot of time and paperwork are required to do this.
Overview
June 2012 - Introduction to the Defense Base Act (pdf version): Background and History; Roles and Responsibilities; Insurance and Waivers, presented by OWCP/DLHWC Branch Chiefs Brandon Miller and Eric Richardson at the ACE International Insurance DBA Seminar in Washington, D.C.
Insurance Information
Insurance and Waiver (pdf) (htm) - A PowerPoint Presentation about the insurance requirements under the DBA
Benefits and Claims
Benefits under the Defense Base Act (pdf) (htm) - A PowerPoint Presentation about what benefits are available to employees and their families in the event of injury or death.
How long does it take to get a disability payment?
If you are disabled more than 3 days, payments are to be issued 14 days from the date your employer first has knowledge of your loss in wages. However, payment is not overdue until 14 days after that date. This provides the carrier 28 days to issue the first payment. Thereafter, payments should be paid in bi-weekly installments except when the employer or insurance carrier disputes liability for benefits and files a Notice of Controversion, Form LS-207. See Longshore FAQ 23 describing the Notice of Controversion.
What is the Foreign Assistance Act?
under the Foreign Assistance Act, which among other things provides for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States;
What is a DBA?
The DBA is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas. With a few exceptions, the DBA incorporates the provisions of the LHWCA.
Where is the DBA contact information?
The DBA jurisdictional boundaries and the corresponding District Suboffice contact information can be found on the Longshore Defense Base Act Jurisdiction page for claimants residing outside of the U. S. For all others, the contact information can be found in the Contact Us section on the DLHWC website.
What is DBA 1651?
Section 1651 (a) (4) of the DBA cover s employment under a "contract entered into with the United States" where such work is to be performed outside the continental United States for the purpose of public work . The Department of Labor agrees with the decision of the U.S. Court of Appeals for the Second Circuit in University of Rochester v.
Where to send DBA waiver package?
The package can be mailed to the Director, OWCP, U.S. Department of Labor, OWCP, Division of Longshore and Harbor Workers' Compensation, 200 Constitution Avenue NW, Rm C-4319, Washington, DC 20210. The package can also be sent by e-mail to [email protected].
What is the fax number for Case Create?
Fax to the Case Create Fax: (202) 513-6814 - this is the preferred method for receiving "case create" forms.
What is the most important aspect of a Defense Base Act claim?
An injured contractor’s health is the most important aspect of a Defense Base Act claim. You are entitled to your choice of physician, meaning you get to choose a doctor or a specialist to treat you for your injury. The Defense Base Act is administered by the Department of Labor’s Division of Longshore and Harbor Workers’ Compensation (“DLHWC”).
What to do after being injured in the Defense Base Act?
After you are injured, make sure that you seek timely medical treatment. An injured contractor’s health is the most important aspect of a Defense Base Act claim. You are entitled to your choice of physician, meaning you get to choose a doctor or a specialist to treat you for your injury.
What if I Just Want to Settle My Claim?
Of course, there are alternatives to formal adjudication. Any time during the course of your claim, the parties may discuss settlement. Most cases settle. It is important that you know when and how to settle your claim. After all, it is your future at stake.
What form do you file to explain your disagreement with the DLHWC?
Your attorney should represent you in this informal conference. If any party disagrees with the DLHWC’s memorandum, then that party files a Form LS-207 to explain their disagreement.
What happens after discovery?
Once the parties complete discovery, they participate in a formal hearing before an Administrative Law Judge. Many rules of procedure and evidence are relaxed for administrative hearings. Still, it is important to put on the best case possible in order to carry the burden of proving your case.
How to participate in discovery requests?
Participate in discovery requests by answering questions and supplying documents.
Who approves a settlement?
The good news is that your settlement will only be approved by the DLHWC or an Administrative Law Judge if your settlement is “reasonable.” Most settlements are reviewed by the DLHWC, which looks at a number of factors to determine if you are getting a reasonable settlement:
When does Section 10A apply?
Section 10 (a) applies when an employee worked 5 days per week for substantially the whole of the year prior to the injury.
Which act provides death benefits?
The following beneficiaries, listed in order of preferred class, may receive death benefits under the Defense Base Act and the Longshore Act:
When does the death benefit increase?
Each year, on October 1 st , death benefits recipients are entitled to a weekly compensation rate increase. Section 10 (f) of the Longshore Act provides that the increase is a percentage equal to the increase the national average weekly wage. Then, Section 10 (g) states that the COLA increase “shall be fixed at the nearest dollar.”
Can a longshore worker receive death benefits?
When a civilian contractor or longshore worker dies as a result of their employment , their beneficiaries may be entitled to death benefits. In this post, I examine the methods used to calculate the value of Defense Base Act and Longshore death benefits. I address the importance of the average weekly wage; who may qualify as a beneficiary; compensation rates and cost of living adjustments; and I provide some example death benefits calculations based on hypothetical facts.
How to obtain a large settlement under the Defense Base Act?
To obtain a large settlement under the Defense Base Act, it is easiest to start by receiving medical benefits under the Defense Base Act. First, file a LS-203 which is essentially your claim for compensation benefits from your Employer and their insurance carrier.
How long does it take to get compensation for a 10% impairment to the knee?
So the situation is that if you have a 10% impairment to an extremity say your leg because you had a knee injury then you only receive a scheduled award of money equal to your compensation rate times 28.8 weeks for that permanent impairment to the knee.
How to file a LS-203?
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.
What does the DOL take into account when evaluating a settlement?
When the DOL receives all the necessary information to evaluate the settlement, they also take into account your age, education, work history, and degree of disability or impairment. Even if you cannot carry on the same kind of work you did before you were injured, the DOL will consider any and all available work that you can do. They will also weigh the cost of current and future necessary medical treatment for the injury you received as a government contractor working overseas. Furthermore, the DOL considers your life expectancy using life tables and actuarial science to determine the value of the claim.
What is included in a settlement?
Your settlement must include a clear amount for compensation, medical, and attorney fees. The reason for the settlement must also be clear. You must also give your biographical information and work history, as well as whether you can work, are capable of working, or when you medically can return to work.
What is lost wages?
Lost wages – past and future. Prolonged or total disability and your ability to work. The medical and compensation benefits you may be entitled to are all based on past and current physical, emotional and mental status and whether you’ll make a full recovery or having ongoing problems like PTSD.
What is weekly compensation?
Your weekly compensation rate should be paid so long as you are disabled from work. This is in addition to your medical expenses. The compensation benefits are intended to compensate you for lost wages (economic loss) due to injury, whether short-term, prolonged, or total and permanent.
Does the DOL approve a settlement?
Even once the settlement is agreed upon by both parties, it must still be approved by the Department of Labor (DOL) before you receive the money. This is because the DOL wants to make sure that the settlement is fair and just to you, as the injured claimant.
Does the DBA pay for pain and suffering?
Since the DBA does not compensate you for your “pain and suffering” you need to focus on your financial losses resulting from the injury. The insurance company will fight you on most, if not all of the losses you suffer, so it’s important to try to calculate a fair settlement ahead of negotiations so that you know what an unfair settlement looks like.
Is pain and suffering considered a fair settlement?
While it is difficult to put a dollar value on your pain and suffering caused by an injury, it is important to remember that pain and suffering are not considered when determining what is a fair settlement of a DBA claim. The DBA only provides compensation on a weekly basis while you are unable to work, ...
