The Defense Base Act is different from most other workers' compensation plans in that under the DBA, an injury may be covered even if it was not incurred while working in Duxbury, MA. For example, injuries sustained by DBA workers during recreational activities are covered by the Defense Base Act. Here, a Defense Base Act Lawyer discusses recreational injuries that are covered under the DBA.
“Under the DBA, injuries resulting from reasonable and foreseeable recreational activities in isolated or dangerous locales arise out of a "zone of special danger" and are therefore compensable under the DBA. In this article, we discuss various cases where DBA employees were involved in "recreational activities" and the courts found their case to be covered by the Defense Base Act:”
A worker in Duxbury, MA who drowned in a weekend boating accident 30 miles from his job site at a defense base work site was found compensable under the DBA.
An employee who was injured during a late-night rendezvous with her supervisor in a parked car that was hit by an out-of-control army weapons carrier was found to be compensable under the DBA in Duxbury, MA.
An employee who was hit by a truck while hitchhiking back to his campsite after dinner at a local restaurant in Duxbury, MA was found to be a compensable claim under the Defense Base Act.
A worker was "joy-riding" in an after-hours jeep accident and was killed in Duxbury, MA. Nevertheless, the court found the death arose out of the "zone of special danger" even though the jeep may have been speeding and the employer may not have authorized the use of its Jeep.
A worker got into a tussle during a pool game at a bar while off-duty. The court nevertheless found the DBA worker's injury to be compensable in Duxbury, MA. The court characterized the incident as "horse-play" and found it to be covered by the DBA.
Injuries to workers while they are exercising and/or training are always compensable under the DBA. Cases that are winnable include those in which claimants were injured in Duxbury, MA while playing soccer, playing basketball, jogging, and lifting weights.
Don’t automatically assume that an injury sustained while not “on the job” is not compensable. You may lose the money and benefits you are owed. Talk to us. We are here to help you get the best possible compensation for your injury, regardless of the circumstances. To learn more and to schedule a free and confidential consultation with a knowledgeable in Duxbury, MA DBA attorney, please call us at (619) 486-1739 or fill out and send our online contact form. We only get paid when we get you the relief you deserve.
Contact us today to schedule a free confidential consultation with our Defense Base Act Lawyers. Our dedicated staff will provide you with the attention and consideration that you deserve in your time of need. Our Defense Base Act attorneys at the Mara Law Firm will devote ourselves to protecting your interests and obtaining the maximum benefits that your case merits.
Years of experience delivering exceptional results for workers injured under the Defense Base Act.
What Is The Defense Base Act?
The Defense Base Act provides workers’ compensation protection to civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense.
What do you need to know about defense base act coverage?
You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.
What types of benefits are available under the defense base act?
|You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.|
|The Defense Base Act provides disability, medical, and death benefits to
covered employees injured or killed in the course of employment, whether
or not the injury or death occurred during work hours. Compensation
for total disability is two-thirds of the employee’s average weekly
earnings, up to a current maximum of $1,030.78 per week. Compensation
also is payable for partial loss of earnings. Death benefits are
half of the employee’s average weekly earnings to the surviving spouse
or to one child, and two-thirds of earnings for two or more such
survivors, up to the current maximum weekly rate.
Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. There is no minimum compensation rate. Permanent disability and death benefits payable to aliens and non-U.S. residents may be commuted by payment of half of the present value of future compensation, as determined by the OWCP district director. The injured employee is entitled to medical treatment by a physician of his/her choice, as the injury may require. Medical benefits may not be commuted.
Who is covered under the DBA?
The Defense Base Act covers the following employment activities: Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; Working on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States; Working on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States; Working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO. If anyone of the above criteria is met, all employees engaged in such employment, regardless of nationality, are covered under the Act.
When to consult a defense base act attorney?
It is never too early to consult a defense base act attorney. In fact, you should reach out to an experienced, trustworthy Defense Base Act Lawyers as soon as you become aware of a work-related injury or condition that is impacting your ability to work. The early phases are critical and mistakes that happen right after suffering an injury can be extremely difficult to overcome for the duration of your case. The right attorney will guide you down the right path so you can avoid those mistakes, which, without that guidance, you will not know the pitfalls to avoid.
If you are in need of employment litigation attorney in Massachusetts or have been injured
overseas while under a military contract and are in need of a defense base act attorney. Please
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