The Defense Base Act (ch. 357 of the 77th US Congress, 55 Statin 622, adopted 16 August 1941, codified at 42 USC §Ã, §Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, 1651-1654) is an extension of the federal workers 'compensation program covering long-term workers and port workers, the Longshore Workers' Compensation Act and Harbor 33 USC Ã,§§ 901-950. The DBA includes people who work in US defense bases abroad. The DBA is designed to provide medical care and compensation to injured contractor defense employees in the scope and course of work. The DBA is managed by the US Department of Labor.
Video Defense Base Act
Who is covered by the DBA
The Defense Basic Act covers the following work activities:
Working for private companies in US military bases or on any land used by the United States for military purposes outside the United States, including in the Territory and US property;
Working on public employment contracts with US government agencies, including construction and service contracts in respect of national defense or with war activities outside the United States;
Work on contracts approved and funded by the US under the Foreign Assistance Act, which, among other things, provide cash sales of military equipment, materials and services to its allies, if the contract is made outside the United States;
Work for an American employer who provides welfare or similar services outside the United States for the benefit of the Armed Services, e.g. United Service Organization (USO).
Employees of any contract subcontractor involved in the work described above apply to US and local national employees.
Generally, workers employed by American contractors do public works for the US government in the US territory, in US military bases located outside the continental United States and support military aid programs in allied countries. Also, people employed abroad by welfare and moral projects such as the American Red Cross, USA. and The Salvation Army is generally closed. "Public Works" is defined in 42 U.S.C.Ã,§Ã, 1651
There is heavy sanction for companies and contractors who are required to own DBA Insurance but fail to do so.
Maps Defense Base Act
Requirements and technical archiving
The initial technical requirement of the Act is to report an immediate injury to a person's immediate supervisor. Injury notice should also be given in writing using the LS 201 form. Once that is done, medical care is generally offered. It is the employee's responsibility to file an LS 203 claim form with the Office Workers Compensation Program (OWCP). Section 13 requires the submission of a claim within one year of the date of the last injury or payment of compensation, whichever is longer. For claims involving work-related injuries, the filing deadline is two years from the date the employee notices the relationship between illness and occupation. Forms used in DBA claims can be accessed from the Department of Labor on the Longshore and Harbor Workers Form Page.
Complications and challenges of claiming can take time. The Department of Labor is the body that oversees the Defense Basic Law. One of the largest insurance companies providing insurance for the Basic Defense Act is AIG, one of the largest companies that received federal assistance during the 2008-09 banking crisis. For those who are considering working for a company to include Dyncorp or MPRI, the provisions of the Defense Basic Act may be the only remedy if you are injured while working outside the United States.
Claims filed through the Defense Basic Act of 1941 may take several years or more. People should be very careful with the knowledge of the challenges in seeking solutions from working for the Department of Defense or the State Department contractor.
Payment of compensation
There is a three-day waiting period (time period of a person must wait before compensation is due) under LHWCA. After that, if the injury is serious enough to prevent the employee from returning to work, the employer (or the insurance company) must pay compensation to the injured worker. Under Article 10 of the Act, the amount of compensation paid is generally calculated by taking the employee's wages from the year before the injury and dividing by 52. ​​This is known as the weekly average wage (AWW).
If the employee has been working in the same job for the entire period, the calculation is quite simple. If employees do not work "substantially throughout the year" in the same type of work, alternative methods can be used to determine the AWW. Wages of similar employees may be used, or if 33 USC Ã,§ 910 Parts (a) or (b) can not be applied fairly, there are alternatives such as taking a daily wage and multiplying by the number of days per week usually work. The court is divided into whether the lower US revenues should be used to determine AWW and compensation.
After the average weekly wage (AWW) is set, this is multiplied by two-thirds and this number, the compensation rate (CR) is the amount of money received by injured workers for each week they are disabled. Maximum rate changes periodically. Generally, DBA insurance pays every two weeks. The law provides an annual cost of living or an increase in inflation for permanent and total benefits.
Benefits are generally paid until an injured worker returns to work or is able to return to work and suitable work is available. For example, if an injured worker fully recovers from an injury and can return to work, the total disability allowance is over. Also, even if the injured worker can not return to his permanent employment due to a doctor's restriction, the compensation expires if the employer offers an appropriate job for the employee. Short offer employment, the employer/insurance company may terminate the compensation for total disability if it can prove the appropriate work exists in the commuter area of ​​the employee. If those works do not meet or exceed the previously established AWW, the provider/operator may have to pay for partial disability benefits or "scheduled rewards," depending on the nature of the original injury.
There are certain injuries depending on the scheduled award. For example, injured workers with a maximum medical arm injury (MMI) with a permanent damage rating of 10% (and available employment) are entitled to a scheduled award - but no further disability benefits unless there is a change in conditions. However, someone with a back injury in MMI is still entitled to a total disability benefit if they can prove that they are doing diligent but unsuccessful attempts to find a suitable job. This is usually a matter of litigation, and many scenarios can come into play. For a list of "scheduled injuries", see 33 U.S.C.Ã, Ã,§ 908.
Maximum medical improvement is a medical term meaning employees have recovered from injuries as much as expected, and medical providers have done everything they can. If employees reach this point and still can not work, they may be entitled to "permanent and total" (PTD) "permanent disability" benefits. These benefits are generally reserved for injured workers who are unlikely to work for the rest of their lives. These benefits are accompanied by automatic live allowances.
Medical care
The rights and scope of medical care are described in Section 7 of Longshore & amp; The Port Workers' Compensation Act (LHWCA), It provides:
(a) General requirements The employer must provide medical, surgical and other attendance or treatment services, nurses and hospital services, medicines, crutches and equipment, for such periods as the nature of the injury or recovery process may be required.
(b) The selection of doctors; administrative supervision; changes to doctors and hospitals Employees are entitled to elect the competent physician appointed by the Secretary to provide medical care under this chapter as further provided. If, due to the nature of the injury , the employee can not choose his doctor and the nature of his injury requires immediate medical care and care, the employer must choose a doctor for him. The Secretary should actively supervise the medical care provided to the injured employee, will require periodic reports of medical care provided to the injured employee, having authority to determine the needs, character and adequacy of any medical assistance provided or to be provided, and may , on its own initiative or at the request of the employer, ordering the change of physician or hospital when in its judgment the change is desired or necessary for the benefit of the employee or where the fees exceed the applicable in the community for the same or similar services or exceed the provider's customary fees. Doctor changes at employee's request will be permitted in accordance with Ministry of Labor, Secretary's regulation. Cost
Settlement and attorneys
Section 8 (i) provides a mechanism in which all or part of a claim based on the DBA can be completed. Settlements are voluntary and one party can not force the other to settle. Like most other workers' compensation systems, there is no damage such as pain and suffering. The amount of the settlement depends on what the employer/insurance company can pay if the case is not resolved. Also, while there is a program in which an Administrative Judge (ALJ) will mediate a case to the parties, there is no provision in the Act allowing the injured worker or employer/insurance company to file the case before the ALJ determines its value..
The parties to the claim may be represented by a lawyer, or a non-qualified lawyer. All fees/attorneys and attoneys' fees must be approved by the Department of Labor. DBA lawyers are paid based on hourly rates and success rates on behalf of their clients, and contingency fees are not allowed. Any fees are generally paid out after litigation or settlement. The attorney's fees may be assessed against the Plaintiff, or paid by the employer/insurance company under certain circumstances. Procedurally, after the trial or settlement of the lumpsum, if the injured worker is in effect, their lawyers apply for a Petition Fee to the Department of Labor for approval. The employer/insurance company is given the opportunity to respond to the petition. If a claim is settled, the fee is generally paid by the insurer and may be subject to negotiation with the insurance company as part of the settlement package. This fee also depends on the approval of an Administrative Judge or District Director of the Office Workers' Compensation Program (OWCP).
History
Defense Basics
The Defense Basic Law, PL77-208, entered into force in 1941 and extended the scope of workers 'compensation under the Longshore and Harbor Workers (LHWCA) Workers' Compensation Act to persons employed in American military bases acquired by the United States from non- foreign countries. or located outside the continent of the United States. Extended coverage for public works contractors working outside the United States in 1942 with the enactment of the War Hazard Compensation Act, P.L. 77-784, which also established the War Hazards Compensation Act (WHCA) program. The most significant amendment to the DBA came into force in 1958 and expanded coverage for non-nationals, to persons working on projects funded under the Joint Security Act of 1954, and to those employed to provide services morale and welfare, such as through the United Service Organization (USO).
The Defense Base Act (DBA) provides worker compensation equivalents for civilian contractors working in contingency operations in overseas countries such as Iraq and Afghanistan. "As defined by the Secretary of Defense, the Eternal Defense Operations (OEF) in Afghanistan and the Iraqi Liberation Operations (OIF) in Iraq are both emergency operations." The Federal Acquisition Regulation (FAR) 2.101 defines Contingency Operations (10 U.S.C. 101 (a) (13)) into a military operation that:
(1) Designated by the Minister of Defense as an operation in which members of the armed forces or may engage in military action, operations or hostilities against the enemy of the United States or against the opponent's military forces; (2) Results in a call or order for, or retention on, the duties of uniformed service members under section 688, 12301 (a), 12302, 12304, 12305, or 12406 of 10 USC, Chapter 15 of 10 USC, other during the war or during a national emergency declared by the President or Congress. "
The DBA provides benefits if civil contractors are injured, killed, or kidnapped during their work for US government agencies such as the various DOD branches, the US Agency for International Development (USAID), or the Department of Foreign Affairs.
According to government documents, the DBA program "was created to provide workers compensation protection for categories of workers outside the jurisdiction of other countries or the federal workers compensation system." The extension to the Longshore and Harbor Workers' Compensation Act (LHWCA) is enacted to provide coverage to not protected by other laws. "
Contingency contingency
According to the US Army Standard Procurement System website: "Contingency contingencies are direct contract support to tactical and operational forces involved in the full spectrum of armed conflict and military operations (both domestic and overseas), including war, other military operations, and disasters or emergency assistance. "
Contingency contingencies, because of their work near the battlefield, carry a high risk. Civil contractors provide much needed supplies and services and, in so doing, often find themselves getting closer and closer to hostilities because competitive outsourcing through the US government's A-76 program increasingly determines the most effective way to meet government operations is through the private sector. sector.
Susie Dow explains in her three-part series on Iraq, Contingency Contingencies and the Defense Fundamentals that not all contingent contractors are actually protected by DBA insurance. And in the case of kidnapping, beheading, injury or murder, there is no support for the contractor or his family. At best, the implementation of DBAs that require civil contractors to be insured has been less than uniform and often inconsistent. "The four basic laws and their amendments determine or influence the coverage required under the Defense Base Act as regulated by the US Department of Labor.
- Workers' Compensation Act of Longshore and Harbor 1927
- Defense Act of 1941
- Joint Security Act of 1954
- Dayton Peace Accords of 1995
And, according to the Ministry of Labor, in July 2006, only three major operators provided the majority of DBA insurance coverage: ACE USA, American International Companies (AIG), and CNA. The Department of Labor does not have the authority to regulate the level of insurance premiums. All authorized operators are governed by the country in which they operate.
See also
- 42 U.S.C.Ã,§§§Ã, 1651-1654
- 33 U.S.C.Ã, Ã,§ 910
References
External links
- US Department of Defense Labor Defense Act
- "Workers Compensation Longshore and Harbor". Legal Information Institute, Cornell University Faculty of Law.
- "US Pamphlet LS-560" Offshore and Port Worker Information Relating to the Defense Basic Act
- Defense Fundamentals Information and DBA Insurance Protection Requirements
- Defense Fundamentals and DBA Insurance FAQ
- DBA Insurance Trading Request Form
- Defense and Punish Defense Legislation
Source of the article : Wikipedia
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