Defense Base Act Claims

HURT WHILE CONTRACTED WITH THE GOVERNMENT?

The Defense Base Act provides specific worker's compensation benefits to employees injured or killed while engaged in activities that arise out of or in the course of employment while employed under any contract with an agency of the United States government for work outside the United States, whether of a military nature or not.  Those eligible to receive benefits under the Defense Base Act will be able to receive disability, medical or death benefits! Under the Defense Base Act, injured workers are entitled to receive disability benefits while they miss time from work or are unable to earn thei pre-injury wages as a result of a compensable Defense Base Act case.  Disability benefits will be paid based on an average weekly wage, and a compensation rate that is calculated at two thirds (2/3) of their average weekly wage, the maximum compensation rate for the present year is $1,224.66 per week.  However, medical benefits that are reasonably and medically necessary and related to the inudstrial accident have no statute of limitations! As such, so long as treatment is reasonably and medically necessary and related to the nature of the injury, medical benefits must be provided to such injured workers.

It is important to note that under the Defense Base Act, employees have certain rights, privileges, and obligations that must be met.  The Defense Base Act requires that notice of the injury be given in writing to the employer within thirty (30) days of its occurrence and any actual claim for disability benefits must be filed within one (1) year of the date of the injury. Most employers do not inform or warn injured workers of the benefits they are entitled to, leaving workers to bear the entire cost of his or her injury!!

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