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As a Defense Base Act worker you are entitled to disability benefits, medical benefits and death benefits if you are injured or killed while overseas. You are entitled to these benefits whether or not your injury occurred while you were actually working.
Under the DBA, it is useful to think of disability as being partial or total and temporary or permanent. Let's break that down.
Temporary Total Disability
You are entitled to disability payments, of 2/3 of your average weekly wage up to $1,295.20 per week (i.e. the maximum compensation rate) if you are unable to perform your regular work and before your doctor declares you having reached maximum medical improvement.
Temporary Partial Disability
You may be entitled to a portion of the your wages if you return to work and earn less than your average weekly wage.
Permanent Total Disability
You may be entitled to disability payments for the rest of your life, at the maximum rate.
Permanent Partial Disability
You may be entitled to weekly payments under two scenarios:
Scheduled Injuries
If you have a scheduled injury, you may be entitled to a certain number of weeks compensation.
Unscheduled Injuries
If you have an unscheduled injury, your compensation is based upon a wage loss concept. Here, a doctor will need to say you are unable to return to your usual and customary employment and then the DBA carrier will have to point to specific jobs (i.e., suitable alternate employment). The Judge will then determine your wage earning capacity.
Disclaimer
The foregoing is not legal advice. I am simplistic in order to achieve clarity. You should consult with a seasoned Defense Base Act Lawyer.
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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540
The San Diego, California personal injury law firm of The Turley Law Firm serves clients across Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado, Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.
We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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