How Does a Defense Base Act Waiver Affect My Injury Case?
Even if your position qualifies you for Defense Base Act benefits, the U.S. Secretary of Labor can waive these benefits at the request of any employer.
These waivers are usually only valid if the employer provides alternative workers' compensation benefits. If there are no workers' compensation laws in effect in the area you are working in overseas, the waiver will not be in effect.
Here are a few things employees should know about DBA waivers:
- Voluntary coverage: There is no rule preventing employers from providing DBA benefits to employees even if there is a waiver is in place.
- Terms of exclusion: Waivers can be applied to different employees based on their work, location, contract, or classification.
- Posting requirements: Employers are required to post information about injury coverage in procedures in a conspicuous place inside business headquarters. This can include Form LS-241 (Notice to Employees) for DBA coverage, but also LS-242 (Notice to Employees for Self-Insured Employers) if the employer has secured a DBA waiver. These postings should clarify the name of the insurer with whom the employer has secured payment of compensation as well as the policy expiration date.
Employers and insurers may attempt to deny fair compensation by using a waiver and forcing the employee to adhere to the terms of a local compensation insurance policy. These claims can involve filing numerous forms and follow-up appointments and phone calls, which employers may exploit as a way of denying and delaying payment.
Why am I telling you this?
Look I've been doing this a long time. I've seen what employers and the DBA insurance companies are capable of. I've seen good, honest, hard-working folks get taken advantage of by these companies. I don't want that to happen to any of my clients and I don't want that to happen to you. This is why I have made it my mission to make sure that you are as prepared as possible to take your DBA claim to court and win your benefits.
And it is why I fill my article library and blog with pages like this one so that you can get the answers you're looking for now.
It is also why I encourage you, if you have any questions about anything you've read here or specifically about your DBA case call my office today.