Experienced Defense Base Act Lawyers

Yes. The law provides you with your “first free choice of physician.” This is a very critical part of your case. You should make sure that you choose a qualified doctor who is capable of treating your particular condition and who is a patient advocate.

We can help you choose your first physician as this may become the single most important aspect of your case. We would encourage you not to make that decision without carefully considering how it will impact the rest of your case. Many insurance companies try to make that decision for you, which can be a huge mistake, and may result in you not receiving adequate medical care or full compensation.

We recommend that you not sign any form giving away your right to your choice physician.

We invite you to contact us to discuss your particular situation. Our Experienced Defense Base Act attorneys will inform you of your rights, and fight to make sure you receive the full benefits you deserve.

You are entitled to compensation for temporary total disability at the rate of two thirds of your average weekly wage, up to the maximum compensation rate (for 2007 that is $1,114.44 per week) for so long as a doctor says you are unable to return to work on a temporary basis. If you are able to return to work with restrictions on a temporary basis, you are entitled to temporary partial disability compensation at two thirds of the difference between your previous average weekly wage and what you are now able to earn.

Once you reach the point of maximum medical improvement, your benefits change from temporary to permanent benefits. At that point, if you have an injury to the head, neck, shoulders, back or spine, you have what is called a “body as a whole” case, and you are eligible for either permanent total or permanent partial disability which may be payable for the remainder of your life. If you do not have an injury that qualifies for “body as a whole” benefits, you are eligible for a “scheduled award” benefit in accordance with a table that allows a certain number of weeks to be paid per the injured body part. For example, the law states that if you were to lose a leg, you would be entitled to 284 weeks of compensation for that injury upon reaching maximum medical improvement. While this does not seem fair, there are arguments which we have successfully made to cause a scheduled award case to become a “body as a whole” case, opening eligibility for permanent partial and/or permanent total disability in some scheduled award situations.

According to the law, you are also entitled to reasonable and necessary medical care for your injuries. You are entitled to treat your injuries with a doctor of your own choosing.

We invite you to contact us to discuss your particular situation. Our Experienced Defense Base Act attorneys will inform you of your rights, and fight to make sure you receive the full benefits you deserve.

If your loved one dies as a result of an injury on the job, you are entitled to death benefits.

Death benefits are payable at the rate of one half of the employee’s average weekly wage to a surviving spouse or child, or two-thirds of the average weekly wage for two or more eligible survivors up the current maximum rate of $1,114.44 per week.

In order to receive death benefits, you may be required to prove dependency at the time of death. These death benefits may be payable to a spouse for the remainder of the life of the spouse, so long as the spouse does not re-marry. The death benefits to a child may last through college. You are also entitled to funeral expenses up to $3,000.00.

We invite you to contact us to discuss your particular situation. Our Experienced Defense Base Act attorneys will inform you of your rights, and fight to make sure you receive the full benefits you deserve.

No. Aliens and non-U.S. residents are entitled to receive benefits under the Defense Base Act. However, there are some limitations regarding the amount of benefits payable and death benefits.

We invite you to contact us to discuss your particular situation. Our Experienced Defense Base Act attorneys will inform you of your rights, and fight to make sure you receive the full benefits you deserve.

Your compensation rate is calculated at 2/3 of your Average Weekly Wage. Your Average Weekly Wage is a determination of your earning capacity during the 52 weeks prior to your date of accident. We can use your W-2s, paycheck stubs, tax returns and/or your contract of hire to make a calculation of your Average Weekly Wage. If you did not work substantially the whole of the 52 weeks prior to your date of accident, we can calculate your Average Weekly Wage based upon a similar employee or your contract of hire or another alternative method.