Longshore and Harbor Workers' Compensation Act Tag Archives

Published on: March 20, 2019

DBA Claims for Toxic “Burn Pit” Inhalation

When the American government goes to war, it needs a ton of supplies for support. Well, what happens when those supplies get used and need to be destroyed? They burn it. The American military used large burn pits to destroy huge amounts of waste. The types of waste disposed of in a burn pit can include chemicals, plastics, oil, human and medical waste, explosives, dead animals, tires, and are burnt for hours creating toxic fumes. These burn pits are used at military bases all over the world in countries like Iraq, Afghanistan, Syria, and Djibouti, Africa.

Toxins from the burn pit smoke created long-term adverse health effects for our U.S. Soldiers and the American contractor employees working alongside them. Exposure to burn pit toxins have caused serious diseases such as constrictive bronchitis, a disease of the respiratory system, and even cancer, and can even lead to death. Our military veterans who developed these diseases filed suit to hold the American contractor companies liable, but the U.S. Supreme Court dismissed that case. Now, the Department of U.S. Veterans Affairs has a burn pit registry where U.S. veterans and service members can report their health concerns, but what about the American contractor workers? Where can they go to get help? Our firm.

The Defense Base Act, an extension of the Federal Longshore and Harbor Worker’s Compensation Act, provides coverage benefits for injured workers with adverse health effects caused by exposure to burn pit toxins and fumes. This firm files for medical care and lost wages and survivor benefits in case of a death. We recognize that a certain number of workers have passed away or developed cancer from these toxic fumes. The adverse health effects caused by the toxic fumes are classified as occupational diseases. A claim for a disability due to these occupational diseases must be filed within two years from the time the employee became aware of the relationship between the disease and his or her employment overseas. This usually means within 2 years of when a doctor diagnoses the condition.

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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: January 22, 2015

Compensation and Disability Checks under the Longshore and Defense Base Act

By Jo Ann Hoffman & Associates, P.A.

If you are a longshoreman, or are covered under the Defense Base Act (DBA) extension, and are injured on the job, you will be entitled to compensation for missed time from work (lost wages) due to your injuries. The Longshore compensation system is based off of your earnings for the fifty-two (52) weeks of earnings prior to your accident. Different rules apply to five (5) day and six (6) day workers. It is very important to reach an accurate calculation of your average weekly wage, as this will determine the amount of your disability benefits.

There are four (4) types of disability for which a longshoreman can be paid for lost wages under the Longshore and Harbor Workers Compensation Act (LHWCA) (as well as the extensions under the Defense Base Act):

1. Permanent total disability: A claimant establishes a case of permanent total disability when he demonstrates that the injuries or illness prevent him from returning to his prior job. At that point, the claimant has established a prima facie case, and the burden shifts to the employer to prove suitable alternate employment. Suitable alternate employment means any employment that the employee, given his age, education, background, restrictions and limitations could secure, if he diligently tried. The employer must point to actual, not theoretical, jobs to establish suitable alternate employment. If such suitable alternate employment is proved by the employer, then the claimant’s disability is characterized as a permanent partial disability. Compensation is then calculated as two-thirds of the difference between the claimant’s pre-injury average weekly wage versus his post-accident average weekly wage in the suitable alternate employment.

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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 →