Virginia is no stranger to military bases or government contractors. In fact, the Commonwealth has the most military contractors of any state in the country. In addition to servicemembers, there are countless civilians that also work on military bases or for contractors. Yet when they are hurt on the job, they do not have the same options for seeking compensation that most people would.
While Veterans’ Administration or workers’ compensation benefits are not an option, these workers could be entitled to file a claim through the Defense Base Act. An offshoot of the Longshore and Harbor Workers’ Compensation Act (LHWCA), this statute can lead to compensation with the help of a dedicated personal injury attorney. If you were hurt on the job, a Virginia Defense Base Act Lawyer may be able to help.
What is the Defense Base Act?
The Defense Base Act provides financial compensation and medical benefits to civilians who are injured while working at a military base, either in the U.S. or abroad. This program also applies to certain government contractors, including anyone working under the Foreign Assistance Act.
These benefits are available to contractors involved in “public work.” This means they are taking on a project designed for public use for the U.S. or an ally. Typically, this type of claim is filed by someone in the construction industry, but there are other options available.
Determining eligibility under the Defense Base Act can be challenging without help from an attorney who handles cases in Virginia. Thankfully, injured workers have the chance to consult with legal counsel to determine if a claim might be successful.
Benefits Under the Defense Base Act
Compensation paid out through the Defense Base Act is similar to what is offered through state workers’ compensation claims. This includes an award for both disability and medical costs. A Defense Base Act attorney in Virginia can explain how these damages work.
Medical Benefits
Employees covered by the Act are eligible for medical benefits when they are injured in the course of their employment. When a worker is hurt, they must notify their employer before seeking treatment with their chosen physician. The insurer will pay the cost of this treatment directly, meaning the injured party will not have to cover those expenses and seek reimbursement.
Disability Benefits
When a workplace injury makes it impossible for a civilian contractor in Virginia to return to work, disability benefits through the Defense Base Act can cover their lost income. This compensation is paid out weekly, and is two-thirds of what that person earned before their injury. It is important to note that there is also a weekly cap on benefits for higher earners.
Before benefits kick in, a person must be disabled for at least three days. Once a claim is filed, payments can begin at least 14 days after the date of notification. That said, payments are not considered overdue unless they are more than 14 days late. In other words, it could be 28 days before the first payment is issued.
Call a Defense Base Act Attorney in Virginia Today
Civilian contractors often work in dangerous locations or positions. This is especially true when it comes to construction work occurring in a different country. When accidents happen, it may be time to seek help from seasoned legal counsel.
A Virginia Defense Base Act lawyer can answer your questions and advise you of your options. Reach out as soon as possible to discuss whether benefits are available to you and your family.
