Jeff Bloomfield, Esquire
Longshore Act Claims & DBA
Longshore Act Claims & Defense Base Act
The federal Longshore and Harbors Worker’s Compensation Act (LHWCA) covers maritime workers who are not crew members of vessels. The Act also provides benefits to certain beneficiaries in the case of the death of the employee.
The Longshore Act provides the following types of monetary benefits to injured workers:
• temporary total disability
• temporary partial disability
• permanent total disability, and
• permanent partial disability.
Under the LHWCA, an injured employee is also entitled to have all reasonable and necessary medical treatment paid for and can also receive mileage and other reasonable transportation expenses for their travel to and from the medical treatment.
Also, if it appears likely that the injured worker will not be able to return to their previous type of employment, the Longshore Act also requires the insurance company to provide vocational rehabilitation benefits to the employee.
LHWCA benefits are generally more advantageous to the injured worker, compared with the benefits provided by many state workers’ compensation acts. But keep in mind that the LHWCA requires that notice be given of the injury, and it also contains a statute of limitations.
The Defense Base Act (DBA) covers 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. It is designed to provide workers’ medical treatment and compensation protection to those injured in the scope and course of employment.
The DBA is an extension of the LHWCA, and claims under the DBA are handled like LHWCA cases. CONTACT US TODAY FOR A FREE CONSULTATION!