What Happens if I am Injured While Working Overseas?
There are various benefits of working as a civilian contractor overseas for the United States government, such as high compensation, good benefits, and marketability.
However, like any other job, especially one overseas in potentially volatile areas, it brings additional challenges and potential hazards. While traditional workers’ compensation programs only cover qualifying domestic employment, the Defense Base Act applies to civilian government workers. To qualify for these benefits, workers should consult with an attorney to ensure they meet the Act’s strict procedural, substantive, and evidentiary requirements. There are specific steps a worker should take if they suffer injuries overseas.
Notice Requirements
After an overseas injury, employees should notify their supervisor as soon as possible. Injured workers should notify their employer of their injuries by filling out Form LS-201 within 30 days of their injury. A DBA attorney can work with clients to determine whether their condition extends the notice requirement.
Medical Treatment
If the worker requires medical treatment, they should obtain that as soon as possible. The DBA entitles the worker to select a physician of their choice to treat their injuries. However, workers should request that their employer provide them with Form LS-1. Form LS-1 authorizes medical treatment.
File a Claim for DBA Benefits
An experienced DBA attorney can help injured workers file a written claim for benefits with the Office of Workers’ Compensation Programs (OWCP). The worker must submit this claim within one year of the date of injury or last compensation payment, the later of the two. In occupational disease cases, the worker has two years after the worker or eligible survivor is aware of the connection between their disease, death, or disability and their employment.
How to Dispute a DBA Claim
In the event that the employer’s insurance company and the employee cannot resolve their dispute, the employee’s attorney can request a referral to the Office of Administrative Law Judges (OALJ). The parties will then attend a formal hearing where the Administrative Law Judge (ALJ) will make a decision. Either party may appeal the ALJ’s decision to the Benefits Review Board (BRB) and then to the U.S. District Court or the U.S. Court of Appeals. An attorney can help claimants determine hte appropriate appellate court.
Experienced Defense Base Act Lawyers
If you are a civilian who suffered injuries while working overseas on a government contract, the experienced DBA attorneys at Friedman Rodman & Frank can help you secure the benefits the law entitles. Our lawyers handle claims for workers whose injuries or illnesses occurred while working abroad in places such as Iraq, Afghanistan, Japan, Cuba, Guam, Kuwait, and Haiti. In addition to DBA claims, our office represents clients in their claims involving Camp Lejeune and claims under the Jones Act and Longshore Act. We can help you recover benefits such as compensation for medical treatment, loss of earnings, disability compensation, death benefits, and vocational rehabilitation. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.