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A Personal Injury, Workers' Compensation and Defense Base Act Law Firm Fighting for the Injured.
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Congratulations to Jon Stewart who spearheaded a long and hard fought battle to win medical and disability benefits for veterans who breathed smoke from burn pits during their service in the Iraq and Afghanistan wars. Although not widely known, virtually all of our service people and contractors stationed in the Middle East were exposed on their bases to the daily burning of their trash, plastic, medical waste, and toxic chemicals in open burn pits. Everyone breathed that polluted air on the army bases and it was not good.

What you need to know about the PACT Act and where it takes us from here:

  1. Many military and contract workers developed cancer, respiratory illness or lost their lives. Until now there has been limited recognition of this tragedy. Now with the passage of the PACT Act under S. 437 Health Care for Burn Pit Veterans Act the surviving veterans will get proper treatment and disability for cancer and respiratory issues through the Veterans Department.  Some conditions are presumptive and other conditions require a diagnosis from a doctor relating the condition. Also the VA can have you examined by their doctor. Certain conditions carry a presumption that they came from the burns pits so benefits can be awarded without a causal connection statement from a medical doctor.
  2. These cancers are now presumptive:Burn Pit
    • Brain cancer
    • Gastrointestinal cancer of any type
    • Glioblastoma
    • Head cancer of any type
    • Kidney cancer
    • Lymphatic cancer of any type
    • Lymphoma of any type
    • Melanoma
    • Neck cancer
    • Pancreatic cancer
    • Reproductive cancer of any type
    • Respiratory (breathing-related) cancer of any type

    These illnesses are now presumptive:

    • Asthma that was diagnosed after service
    • Chronic bronchitis
    • Chronic obstructive pulmonary disease (COPD)
    • Chronic rhinitis
    • Chronic sinusitis
    • Constrictive bronchiolitis or obliterative bronchiolitis
    • Emphysema
    • Granulomatous disease
    • Interstitial lung disease (ILD)
    • Pleuritis
    • Pulmonary fibrosis
    • Sarcoidosis
  3. Veterans can apply for coverage under the PACT (Promise to Address Comprehensive Toxins) Act.  This link takes you to the application form.  To quality the veteran must show employment during the time periods at these locations:
    • Iraq between August 2, 1990, and February 28, 1991, as well as from March 19, 2003, until burn pits are no longer used in this location;
    • Southwest Asia (including Kuwait, Saudi Arabia, Oman, and Qatar) from August 2, 1990, until burn pits are no longer used in these locations; and
    • Afghanistan, Syria, Jordan, Egypt, Lebanon, Yemen, and Djibouti from September 11, 2001, until burn pits are no longer used in these locations.

    This is a much needed recognition for many people who suffer with these conditions. For the families who had their service member return home only to suffer a long unexpected painful death from cancer or respiratory disease, the loss has been devastating. Family members may be entitled to survivor benefits and a modest funeral reimbursement. Read more at the VA site for the amounts.

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I would like to take a moment to reflect on the humble beginning that I came from and how the efforts of many people contributed to my ability to make a better life for my family. It’s a bit of a long read but please stay with me because I think it has a blockbuster ending.

I grew up on a small farm in Indiana. My parents worked full-time day jobs and then farmed our land when they returned home in the afternoons. In addition to saving every penny towards building a better life, my parents emphasized the importance and transformative power of education.Jo-on-tractor-300x207

Due to financial constraints, my father had dropped out of high school to work on the railroad. This would have likely been his job for the rest of his life, but for a visit from the high school basketball coach. If my father agreed to return to high school, the coach offered to provide my father with a paid assistant position with the basketball team. My father agreed, and this arrangement provided the financial means for my father to finish his high school degree.  He then went on to get a college degree so he could be a teacher and be a positive influence for others like the coach was for him.

As a teacher, my father could provide better for our family than as a railroad laborer. The county provided pensions and other benefits for teachers as well – all opportunities he unlocked by increasing his education. He wanted to make sure that others could access teaching opportunities and provide for their families too. My dad got involved in a program to help young Black students from the South become teachers. Continue reading →

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By Andriana Garrido, paralegal at Jo Ann Hoffman and Associates

*Names have been changed and faces blurred to protect the individuals involved.

I took a trip out to Iraq in July 2021, and was introduced to Moe, a remarkable Iraqi individual that risked his life to serve the US Army. His story took me on this journey that was too important not to share.

This is his story as told to me:

My upbringing in Baghdad, Iraq, was both dark and joyful. My mother recalls using a tied-up rag as a diaper for me when I was a baby because we had no money to afford anything better. When I turned 6 years old, it was a big deal because I could finally help my mother by watching my little brother while she went away to work as my father’s income was not enough. I took on the role of a caregiver at this age where I spent my days changing diapers and cooking food for my younger brother. I had a fire in me to break this generational curse of poverty and I was determined to turn it around. Despite living in poverty, I was grateful to be surrounded by loving family and friends that always helped to uplift me at my lowest. Things in my life took an unexpected turn when my father grew ill. He had to stop working so this put us in a financial hole and it became so bad, that we couldn’t even afford medication for him. At the age of 20, I started studying at Baghdad University, and it was in a class there, that I met an important person, Ali.

I formed a close bond with Ali, and he became my most trusted friend. Ali confessed that he had been working for the US Army as an Interpreter and he expressed that he saw potential in me and wanted me to join. It didn’t take much to convince me. By this time, I had seen so many wars and I was fed up with the conflict and terrorism. I watched the country of Iraq deteriorate at the hands of corrupt individuals. I had seen so many dead bodies and families lose everything they possess, being left with nothing but memories and remains of what was once home to them. Working with the US Army to help defeat terrorism, would have been an honor. I was 8 years old when I saw my first dead body laying in the streets of Iraq. In 1990, there was the war with Kuwait that left our country unstable. Then there was the war with Iran, followed by the war in 2002 that ultimately put the nail in the coffin for my country. I never knew what life was without a war. I reflected upon all of this when Ali asked if I would join him. It was an immediate yes for me. I so badly wanted to be a part of the solution despite how dangerous the task was. Continue reading →

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TRAVEL WITH US TO IRAQ IN THIS STORY – PART 1

By Andriana Garrido, paralegal at Attorneys Jo Ann Hoffman and Associates

When we think of Veterans serving our country we usually think of an American-born hero fighting the frontlines in Iraq or Afghanistan. We don’t think of the Ugandan that left their family and everything they knew to fight for our war next to the American soldiers. We don’t think of the Iraqi that risked his life to work with the U.S. Army as an interpreter. They wear the uniform, they fight the grand fight, and they are given American names to protect their identities. They are our hidden heroes, and they are fighting behind the scenes for our country every single day.

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post-trau·mat·ic stress dis·or·der
noun
MEDICINE
  1. a condition of persistent mental and emotional stress occurring as a result of injury or severe psychological shock, typically involving disturbance of sleep and constant vivid recall of the experience, with dulled responses to others and to the outside world.

If you are a widow or a loved one of a civilian contractor who has struggled with Post-Traumatic Stress Disorder or has committed suicide as a result of a work-related injury while working overseas in a war zone you may be wondering whether your loved one’s death is covered by the Defense Base Act. Our firm can help guide you on the law and the rights of your loved one who performed work overseas.

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As we move into unprecedent times the Attorneys at Jo Ann Hoffman & Associates are here to help you not only through your legal case, but also guide you on how to get help for your personal issues caused as a result of your Post-Traumatic Stress Disorder from your work-related overseas injuries. As many of our clients are suffering from PTSD, as a consequence of war, we are very vigilant and attentive to address our client’s specific needs on a day-to-day basis. Not only do we provide our clients with access to a group of attorneys in our firm with vast knowledge of their case to help them from the beginning to the end of their legal process, we also have a firm that is willing to help locate professionals who can help our clients cope with their symptoms. PTSD develops when a person experiences a form of a severe trauma and as a result of that trauma their personal life as well as their health are affected. Civilian contractors experience many of the same traumatic experiences and war related attacks as U.S. military veterans. While US Military veteran injuries are covered by the Veterans Administration, civilian contractors that are hired by the Department of State or private companies are covered by the Defense Base Act. Continue reading →

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When computing the claimant’s Average Weekly Wage, “AWW” one must include “concurrent employment” if applicable.  Fla. Stat. § 440.02(27).  “Concurrent” is a term left undefined by Florida Workers’ Compensation Law, but case law suggests it means a “second job” or “moonlighting” that is expected to continue.  Cato Corp. v. Stuart, 711 So. 2d 1375 (Fla. 1st DCA 1998).  “Employment” is statutorily defined to mean “any service performed by an employee for the person employing him or her” but statutorily excludes work in four areas:

(1) domestic servants in private homes,

(2) most seasonal farming involving five or fewer regular employees,

(3) professional athletes, and

(4) community service imposed by a criminal sentence.

See Fla. Stat. § 440.02(16)(a)-(c) (2015).

For purposes of concurrent earnings, the phrase “any service performed” in the definition of “employment” in section 440.02(15)(a) “is extremely broad.”  Reaves v. United Parcel Service, 792 So. 2d 688, 689–691 (Fla. 1st DCA 2001).  In addition to the four exceptions, also excluded is any area of work for which coverage under the Florida Workers Compensation Law does not apply – such as an independent contractor.  Anna Maria Fire Control Dist. v. Angell, 528 So. 2d 456 (Fla. 1st DCA 1988).  As such, wages earned in such excluded areas of work cannot be included in the AWW as “concurrent employment.” See Jay Livestock Market v. Hill, 247 So. 2d 291 (Fla. 1971). Continue reading →

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You’re driving home from work and stop for yet another red light when suddenly the car behind you slams right into your vehicle. You just want to get home, so you agree to exchange phone numbers and be on your way. You can deal with this later, right? NO. You must protect yourself after a car accident, starting immediately. The following steps explain what to do – and what not to do – after a car crash.

  1. At the scene of the crash.

Call the police! Yes, you should. Getting a police report helps you begin documenting what happened most accurately. It will also make sure you have all the necessary information about the driver who hit you, their vehicle, and the vehicle’s insurance. Most police agencies now require their officers to wear body cameras, which may capture valuable information about the scene as well.

Check for injuries! If you or your passengers need to go to the hospital, the officer can call for an ambulance if you haven’t already. Document your pain by telling officers and paramedics what you are feeling.

Take pictures! You can take an unlimited number of pictures on your phone, so take multiple pictures of your vehicle, the vehicle that hit you, and anything else on scene that may be helpful. Take pictures from far away to show the entire scene and closeups to show details of any damage. The police can help get your vehicle towed if necessary.

Stay calm! This is not the time to argue about what happened or apologize for anything you feel you could have done differently. Anything you say can later be used against you, so don’t put yourself in that position.

Locate witnesses! If anyone saw the crash happen, be sure to get their information. If a dispute arises, it will help you to have an independent witness explain what they saw.michael-jin-ipHlSSaC3vk-unsplash-300x200

  1. Hiring an attorney.

Don’t delay hiring an attorney! An experienced personal injury attorney will help you through the claims process, present the strongest demand to the insurance company, and fight for you to achieve the highest possible compensation. Even minor crashes are best handled with competent legal representation.

  1. Reporting the crash.

Report the crash to your insurance company either over the phone or online. They will give you a claim number and help start the process. If you have already hired your attorney, they will help you with this too.

The other driver’s insurance company may call you and ask for a statement. Do not agree to this until you have discussed it with your lawyer. Again, anything you say can later be used against you, so remember that less is more. This statement may not be necessary at all, but if it is your attorney will have the opportunity to advise you. Continue reading →

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Once you or your attorney has filed your claim for benefits under the Defense Base Act for an injury you sustained during your employment with a DBA contractor, everything that you say or do can and will be used against you. The most important thing to remember when going through the litigation process is to be consistent in your reporting. This means whenever you give a statement on the record, report your injuries to your doctor, report your injuries to an independent medical examination doctor, or even during written discovery; everything needs to line up and stay true. The best way to stay consistent is to be completely honest during the whole process.

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Self-Reporting of Your Injuries and Experiences to Medical Professionals 

Usually, before filing a claim for an injury under the Defense Base Act, you would have spoken to a doctor about your symptoms/injuries and what could have caused it during your employment with your DBA contractor. This is where the consistency starts. From the very beginning, your self-reporting of your symptoms/injuries will be recorded in your doctor’s medical reports. These reports will be used to establish your injury and its link to your former employment. These records will be investigated by the defense attorney, and should your case go to trial, they will be presented to the Judge as well. Your words in these records will be compared to your words during other stages of litigation. Should you be subjected to an independent medical examination with a doctor of the defense’s choosing, that doctor will also be cross referencing your self-reports in your medical records to what you are self-reporting on that day. Additionally, this doctor will likely subject you to malingering tests wherein you’ll be tested to determine if you are feigning or overexaggerating your symptoms/injuries. Therefore, it is imperative to remain honest and consistent during the entire process. Continue reading →

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Dear Injured Client,
We want you to know that we are here for you. We feel your pain from your physical or psychological injury. We feel your anxiety and emotional worry about how you will be able to work. We know you wake up at night worried about how you will take care of your family, yourself, buy goods, pay your bills and recover.

Your injuries may wake you up at night and keep you from sleeping; they may be there when you lash out in anger at your spouse, partner, friend, or  child.

You are not alone. The US Dept of Veterans estimated 15 million people suffer from PTSD and emotional injuries this year alone. Post traumatic stress disease dwells in your body and it’s difficult to treat. It is an unseen condition. Fighters who have seen the worst in man, witnessing war, killing and bomb blasts have a difficult time returning to a normal society. It is a disease and it needs to be healed. The medical resources for it are insufficient. You may feel that you are battling alone and that you are out of place in this new world. PTSD is not like an arm wound where you look down and see how it is healing. With PTSD, you have to try to reduce your mental suffering and it’s difficult to figure out if you are succeeding. Know you are not alone.

UNADJUSTEDNONRAW_thumb_646d-e1632415348234-300x218Our goal: We seek to get your treatment. The treatment can include medication, psychological care, and settlement funds to return you to gainful employment. We apply for benefits for you through filing an LS 203 if your injury is under the Defense Base Act.

Never give up hope.  Our prayer for you is that you identify your injuries, know which are physical and which are psychological,  acknowledge you need help, find help, get the treatment you need, get better, seek a settlement,  use the funds to go proudly forward. Know we are by your side as we lead you through the uncertainty.

The path is strewn with difficulty. The insurance  companies may label you a malingerer, they will deny you benefits, they will attack your memory. Do not doubt yourself. We are well positioned to work for you. We fight for you while you focus on your return to health and work.
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We Help Injured Contractors who worked in Afghanistan

We know this Afghanistan war has been drawn out since the USA first deployed in the fall of 2001. That is 20 years ago. USA Military and contractors are still hard at work trying to evacuate our contract workers and Americans. If you or a loved one were working for a defense contractor in Afghanistan and were injured,  we may be able to obtain federal workers compensation benefits under the Defense Base Act. International workers injured while working for American companies, have rights.

Our law firm is committed to filing claims for injured workers in Afghanistan. We recognize the extreme danger to individuals left behind in the country given the Taliban brutal practices.  If an attorney files a claim for an Afghan person the attorney should have the Judge redact the name of the claimant and use only initials as the person’s family could face retribution. Also the Judge should seal the papers leading to the change of identification.defense-base-act-dba-service-page-300x145

Under the Defense Base Act, citizenship is irrelevant. If you were working for a U.S. defense contractor, you may be entitled to benefits under the Defense Base Act. If you or a loved one was injured or killed in this attack, it is important you contact an attorney who specializes in Defense Base Act cases.

It is critical that the people who helped our military can be evacuated and resettled to safe locations once they are flown from the Kabul International Airport. Those arriving at new locations in the United States will need help with housing, food, education, medical treatment, and eventually jobs.  People helping people are what we are about. We work toward getting medical benefits and lost wages for relocated contract workers. Coming to a new country with only the clothes on your back is not going to help a person thrive. We can provide services that can help stabilize your future and the future of your family.

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Contact Information
Broward County Office (Main Office)
4403 W Tradewinds Ave
Lauderdale-By-The-Sea, FL 33308
Phone: 954-772-2644Fax: 954-772-2845
We serve the following localities: Broward County including Fort Lauderdale, Hollywood, Cooper City, Coral Springs, Hallandale Beach, Oakland Park, Parkland, Pembroke Pines, Plantation, and Weston; Martin County including Stuart; Miami-Dade County including Aventura, Miami, Coral Gables, Key Biscayne, Miami Beach, North Miami, and North Miami Beach; Palm Beach County including Boca Raton, Boynton Beach, Jupiter, and West Palm Beach; and St. Lucie County including Fort Pierce and Port St. Lucie.

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