Yes, an Employer who Shares Protected Information with Anyone Beyond Certain Pertaining Parties Could be Subject to Legal Action.
Many contractors who are injured overseas are concerned about what will happen to their careers if they file an injury claim. For this reason, the U.S. Department of Labor (DOL) provides specific protections to allow workers to collect Defense Base Act (DBA) benefits while respecting a worker’s privacy.
3 Questions About DBA Case Confidentiality Answered
- Who can see my DBA case file? Your employer, the employer’s insurance carrier, and administrators at the DOL may access your case file only for matters relating to your claim. In addition, you can receive one copy of your case file for your own records free of charge. Under the Privacy Act of 1974, the DOL cannot release any claim information to additional parties without written authorization from the claimant.
- With whom can my employer share information about my injury? Your employer has to share some information about your accident with the company insurance agent in order to process your DBA payments. Your employer may also be required to release certain details to the DOL and has the option of discussing the case with an attorney. An employer who shares protected information with anyone beyond these parties could be subject to legal action.
- What if my employer retaliates against me for filing a claim? Under the provisions of the Longshore and Harbor Workers Compensation Act (LHWCA), it is illegal for an employer to terminate, demote, or discriminate against any employee for filing an injury compensation claim. It is also illegal for an employer to retaliate against an employee who is giving testimony in an LWHCA hearing. Employers can only terminate or refuse to hire an employee who has a history of willfully filing false injury or benefit claims.
The Terms of Your DBA Settlement May Also Be Confidential
In some cases, workers can pursue legal action for unpaid DBA benefits and keep the details of the settlement confidential. To find out more about getting maximum payment for a DBA injury, read through a free copy of our guide, Win Your Defense Base Act Case.
“I’ll tell you what the public likes more than anything. It’s the rarest commodity in the world honesty.” -Merle Haggard
My Best Advice
Nothing is more important when handling your case, then speaking the truth. People who believe if they sugar coat their case, it will help them win more money. Wrong.
You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects your not telling the truth, you can say goodbye to your case. Count on it. I have seen it time and time again.
My Second Best Advice
Take the time to research your case. The more homework you do, the better your case. Order my Free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve.
And before you do, check out the 5 Star Amazon Reviews. It will be the best thing for helping you take the necessary steps to win your Defense Base Act Case.
You can check out my podcast at DBAradio.com where I cover important DBA issues.
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Give us a call at (619) 234-2833.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley