THE DEFENSE BASE ACT & THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT

Injured in Iraq

If you have been injured or a loved one  has been injured or killed while working for a company that was contracted with the United States Government on a job in Iraq or the Middle East or anywhere in the world, we can help.  The injured or his or her family may be entitled to life time medical benefits and/or weekly income benefits to cover lost wages or long term death benefits. This website reviews the benefits for those individuals who worked oversees for defense based contractors that are contracted with the United States Government for the rebuilding work, security work or translation work or other contacted jobs in Iraq and around the world.  You or your family may be entitled to benefits under the United States Laws.   The Unitied States Law can protect you and your family even if you are not a United States citizen.  If you or a loved worked for a company that contracted with the United States Government to rebuild Iraq  or worked as a driver, translator, security contractor or any other job in Iraq or other similar type work contracted for and/or with the United States Government anywhere in the world, we can help.  Email us today.  Our Law Firm will review your case for free and if  you were injured or suffered a loss and you or a family member were working for a company that was under contract with the United States Government we can accept  your case.  Our Law Firm is only paid out of the recovery of your case.  No out of pocket fees or expenses are billed or charged to you.  We are only paid out of the recovery of benefits and/or by the order of the court from the employer.  Contact our Law Firm, we can help you win your claim.  The call is free, the consultation is free, our review of the case is free and we are only paid if we can force the employer or the insurance company to pay the benefits that are rightfully due.  Our Law Firm was founded in 1992 and is based in San Antonio, Texas.  Call or email us today.

COVERAGE UNDER THE DEFENSE BASE ACT

The DEFENSE BASE ACT provides the same rights and remedies as the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. It covers all injuries and occupational illnesses which occurred due to employment in a covered employment. The act applies to employees of contractors who contract with the United States government and its military services on or off military bases overseas. Almost any contract involving the Unites States overseas may entitle a claimant to the benefits of the Defense Base Act whether it involves a school, road or any other structure or service. Such contracts include public works contracts and construction and service jobs having anything to do with national defense or war activities or re-building countries. As long as work was being done for the Department of Defense abroad, including, but not limited to, Iraq and Afghanistan. If you have any question about whether or not your job is covered under the Defense Base Act, you should contact our office as soon as possible. Timely notice of such injury or illness should be given as soon as practicable to your employer.  Call our Law Firm we will not only protect our clients interest we will aggressively pursue the rightful recovery due to our clients.  If you have been injured or lost a loved one, call our Law Firm day or night, we will help.  The call is free, the initial consultation is free.  Call us we can help. Call: 1-800-862-1260.

BENEFITS UNDER THE DEFENSE BASE ACTThe first thing you should do after an injury or illness is notify your employer as soon as practicable BUT NO LATER THAN 30 DAYS.

Regardless of fault, even your own or a co-employee you should be entitled to benefits. These benefits include but are not limited to:

I. MEDICAL TREATMENT

To begin, you are entitled to medical treatment. With few exceptions you are entitled to choose your first medical provider who will be paid by your employer or its insurance carrier. Any change in doctor thereafter may require the consent of your employer. Prescriptions and travel to medical providers are also covered. You will not have to advance any medical fees. Your medical expense will be paid as long as your treatment is medically determined to be related to the claim. Your employer has the right to have you examined by a doctor of its choosing to verify the need for treatment and continuing of payments of benefits. Your failure to comply with such an exam could result in the stopping of your benefits.

II. LOSS OF EARNINGS OR DISABILITY OR DEATH BENEFITS

If you are totally disabled for more than 3 days you may be entitled to additional benefits beyond medical treatment. This act provides for a higher rate of compensation than under normal state laws. Normally, you should be entitled to 2/3 of your average weekly earnings with a maximum of $1,047.16 per week for as long as it is determined that you are not able to return to work.

In addition to loss of earnings benefits, you may also be entitled to either permanent total or partial disability benefits. If you are found permanently totally disabled, your loss of earnings will continue with a yearly adjustment for inflation. You may be permanently partially disabled if you are found to be able to perform some type of work. Compensation for such a finding is based on a schedule for the total loss of use of different body parts. For example: Hand = 244 weeks of compensation; arm = 312 weeks; foot = 205 weeks; leg = 288 weeks; eye = 160 weeks; thumb = 75 weeks; index finger = 46 weeks; middle finger = 30 weeks; ring or pinkie finger = 15 weeks; big toe = 38 weeks; other toes = 16 weeks; bilateral hearing loss = 200 weeks; hearing loss one ear = 52 weeks; disfigurement = $7,500.00.

You may be found to have only a partial loss of a bodily part and be entitled to a percentage of the full amount. For example, if you are found to have a 50% loss of an arm, you would be entitled to 156 weeks (one-half of 312 weeks).

In the event of death, benefits are to be paid to the dependants of the employee. Such benefits total ½ of the worker's average weekly earnings if there is a surviving spouse or one child or 2/3 if 2 or more eligible survivors up to $1,147.16. Funeral expenses up to $3,000.00 are also paid.

Permanent total disability and death benefits may be payable for life.

WHY YOU SHOULD CONTACT AN ATTORNEYIt is highly likely that you will not receive to correct and proper benefits timely or you may receive a notice that the employer is contesting the benefits.  If this occurs you should immediately contact our Law Firm since there are time limits on protecting your rights. Claims must be filed in the appropriate district office of the United States Department of Labor.

Since the rate of compensation is the basis of both the temporary and permanent award it is crucial to establish the maximum Average Weekly Wage (AWW) that you are entitled to. It is not uncommon for the employer and or their insurance carrier not include all the compensation and prior earning records as to minimize your AWW. Since awards for permanent partial disability are often based on the impairment rating assigned by the physician, such as a 13% permanent partial disability to the arm, it is important that your disability is properly assessed by a physician who is experienced and competent in establishing disability ratings.

Psychological and occupational illness such as carpal tunnel, hearing loss, and chemical exposure, can also be compensable under the Defense Base Act and Longshore and Harbor Workers Act.

Even if you believe you are receiving all your proper benefits, you should still contact an attorney before signing any documents or agreeing to any settlements or attending any examination arranged by your employer. Most attorneys will not charge a consultation fee in these matters so it is better to be safe than sorry.

You should also be aware that persons other than your employer might have caused your injury. In such case you may have a claim separate from your compensation claim. Your employer or its compensation carrier may not advise you of this so you may want to consult an attorney. If you have such a claim, there will be a lien for compensation benefits paid against any recovery in the other claim. However, bringing such a claim will not affect your compensation benefits.

Carabin & Shaw represents claimants in Defense Base Act claims and claims against persons other than your employer.  We do not charge a consultation fee. In fact there is no fee if there is no recovery in personal injury or workers' compensation or Defense Base Claims. Your inquiries will be promptly answered directly by one of our attorneys.

For a FREE Telephone or E-Mail Consultation with one of our lawyers, please call 1-800-862-1260 or email jshaw@carabinshaw.com

The Law Firm of Carabin & Shaw P.C. represents injured workers under the Defense Base Act, 42 U.S.C. § 1651, the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq and the Jones Act, 46 U.S.C. § 688. We can represent injured workers from all over the United States and abroad. Our Law Firm will not only fight to protect our clients' interest we will aggressively pursue all rightful recoveries due to our clients.  If you have been injured or lost a loved one, call our Law Firm day or night, we will help.  The call is free, the initial consultation is free.  Call us we can help. Call: 1-800-862-1260.