According to the U.S Department of Workers’ Compensation, Defense Base Act Claims have seen a 26 percent rise in the last year. The highest of these claims come from workers in Iraq, followed by Afghanistan.
So, what is the Defense Base Act and who does it serve to protect?
Let’s take a deeper look into what the act is about to understand the consequences of filing a base act claim.
What Is the Defense Base Act?
The Workers’ Compensation Act aims to protect workers in the event of injuries at their workplace. The Defense Base Act is simply an extension of this act that seeks to protect civilian workers working outside of the United States on US military bases, or under a contract with the U.S. government for public works or for national defense.
Under this act, employees may claim things like medical benefits and compensation for their injuries.
The Zone of Special Danger Doctrine
The zone of special danger applies whenever the circumstances surrounding work are such that put workers at a higher risk for injury. This applies to employees working overseas in war zones and other areas of dispute.
Types of Injuries
The act aims at covering both physical, as well as emotional injuries. This means that workers can file a claim for medical benefits and compensation for bodily injury, as well as mental illnesses that result from a dangerous work environment.
While considering the amount of compensation, courts look at a variety of factors surrounding the worker. This includes the wages they normally earn, the wages of other workers doing similar jobs, and the loss of earning capacity created by an injury.
Similarly, all workers who suffer injury have the right to seek medical care. The claimant must have the freedom to choose any physician of their choice, and in case of mental illnesses like Post-Traumatic Stress Disorder, depression, or anxiety, they must also have access to mental health professionals of their choice.
When deciding medical benefits, the general rule of thumb is that the benefits claimed must be deemed necessary and reasonable for the recovery of the worker.
Filing a Base Act Claim
All Defense Base Act Claims must be filed on specific forms. If a worker or employee hires a DBA attorney to represent them, the same claim can be filed with a notice of retainer.
Find the Right DBA Attorney Today
Did you or someone you know suffer a physical or psychological injury at work? If so, it’s time to file a base act claim to get the medical benefits and compensation you deserve for your injuries.
At Barnes Law Firm, our legal experts can help you through every step of the way to ensure that you get the justice you deserve. Get in touch with us by filling out our form and receive a free consultation on your case today!