Proving Discrimination For Filing A Longshore (of DBA) Claim
If you have ever been involved in a Defense Base Act case, you probably realize how much of a struggle it can be. You worked hard, and put your life on the line as a contractor/employee. Yet, after an incident, the insurance company will do everything possible to delay or deny your rightful compensation. That is something that you just can’t afford, especially when you are injured and out of work. Oftentimes, you may even have to wait as cases get challenged or reversed.
In Babick v. Todd Pacific Shipyards Corp., the standard of employer discrimination was set. This case reviewed a company’s potential discrimination against an employee who filed a claim for workers’ compensation. In this case, the injured party was originally deemed to have violated safety rules, and thus was terminated (in addition to being injured on the job). After review from the Accident Review Committee, it was determined that the injured party should have worked within his own physical limitations caused by a previous injury. This led to an unsatisfactory performance report, as well as a three day suspension for the injured party.
During his Longshore case, the injured party fought back by claiming that his company discriminated against him. After review, a judge determined that it was unreasonable for the company to blame the injured for the accident, since the work environment was not obviously in his control. He was awarded both a back pay and penalty sum.
Happy end of story, right? Of course not.
The Benefits Review Board reversed and remanded the case back to the judge for reconsideration. The Board said the judge should not have considered the company’s reasonableness in the case, and that only discrimination needed to be weighed. The end result is that it is harder to win a discrimination claim, since a Claimant must prove a discriminatory motive.
As you can see, these cases are rarely easy. That is why it is so important to use an attorney with the experience to get you what you deserve. Kenneth G. Franconero, PLLC, has been working with Defense Base Act law for many years. He wants to make sure that you are fairly represented after your hard work and dedication. It is important to know your rights, so feel free to call Kenneth G. Franconero, PLLC, at (866) 910-1333, or simply contact him with questions.
For more information visit http://www.defensebaseinjury.com
