Defense Base Act is ‘Exclusive Remedy’ For Injured Government Contractors
When you or a loved one is injured while working for the government overseas, the Defense Base Act is your protection. Employers and insurance companies may attempt to delay or deny you benefits, and that is simply unacceptable. You have worked too hard, and sacrificed too much to be ignored now. So, if you are being treated unfairly, when it comes to your rightful benefits, you need an attorney who is well versed in Defense Base Act law. Kenneth G. Franconero, PLLC, has been in the business for decades, and is always there when you need him.
A recent article in The National Law Review discussed the case of Brink v. Continental Insur. Co. This case was heard by the U.S. Court of Appeals for the District of Columbia Circuit, and an important decision was reached. It was reaffirmed that the Defense Base Act “prescribes the exclusive remedies available for employees of government contractors who are injured while working abroad.” This means that “federal courts will dismiss tort lawsuits alleging that a DBA-covered government contractor wrongfully−or even intentionally−interfered with an employee’s receipt of DBA benefits.” Approximately 10,000 contractors brought this class-action lawsuit against many government contractors, alleging that the contractors conspired with insurance companies to deny coverage. The panel of judges in the D.C. Circuit unanimously rejected the Plaintiffs’ suit.
The findings in this case do establish some important Defense Base Act law precedents. Because employees have a guarantee of compensation, they surrender common-law remedies in the case of an injury. In addition, “a political solution” is required, as opposed to a legal one, when an employer harms an employee, by refusing to pay a due benefit. Plaintiffs must also “exhaust their administrative remedies under the DBA” before filing a discrimination or wrongful discharge lawsuit.
The bottom line is that things are never easy on an injured government employee. Despite all of your hard work, people will turn on you when you need it most. Defense Base Act attorney Kenneth G. Franconero, PLLC, works tirelessly to ensure his clients get the rightful compensation they deserve. If you are unsure about your individual situation, call Ken at (855) KGF-PLLC, for a free case review. Or, simply contact him, today, and go over your options.
For more information visit http://www.defensebaseinjury.com
