Know Your Rights
FREQUENTLY ASKED QUESTIONS:
It is crucial to educate yourself about the Defense Base Act before ever accepting any type of treatment, benefits or settlement. You might be entitled to much more than you are offered.
The Defense Base Act is a far-reaching law that protects medical care rights and compensation to injured employees who work overseas for defense contractors.
The Defense Base Act and the Longshore and Harbor Workers Compensation Act are federal laws. The DBA and the Longshore Act are handled in federal courts and you are represented by federal lawyers. Because it’s federal, our location in Florida is irrelevant. We travel to our clients.
If you have been injured while working overseas for a defense contractor, or hurt while working the ports/docks/coasts on U.S. waters as a longshoreman, you should call us to tell us what happened to you.
The Longshore and Harbor Worker’s Compensation Act assures medical care, benefits and compensation to employees injured on U.S. docks, ports, shores, coasts, while working jobs located on federal bodies of water that are not on land and covered in a U.S. state
Under the Defense Base Act, the Longshore and Harbor Workers Compensation Act, and the Non-Appropriated Funds Act, you are provided the same types of benefits which include:
No.1:
You have the right to seek medical care from the doctor of your choosing, which is not the case in other areas of law. This is the strongest advantage you have under this law—you are allowed to choose your doctor.
No.2:
You receive weekly compensation benefits which are lost wages and future money benefits while you can show your doctor that you are disabled and injured and that you cannot return to work.
That does not include the recovery of lost wages as in a personal injury claim. There is a computation under these laws in terms of what your weekly wage is going to be. To break it down, you will receive two thirds of your average weekly wage or the maximum allowed under the law (https://www.dol.gov/agencies/owcp/dlhwc/NAWWinfo). It’s these kinds of details and differences that people need to be made aware of by their lawyer.
Your selection of the most experienced lawyer in this practice area is very important.
Our firm has helped clients recover money and receive excellent medical care under the Defense Base Act and Longshore and Harbor Workers Compensation Act for the past 75 years.
Garfinkel Schwartz helps civilian contractors, longshoremen, third country nationals, sub-contractors, federal employees and employees of U.S. military bases located anywhere in the world.
If we agree to accept your case, one of our lawyers will fly out to you to meet with you and your family. Together we will help you locate and obtain the very best doctors to treat your injuries or illness. Then we work diligently to get you the very best monetary settlement you deserve.
No. Garfinkel Schwartz can file your claim no matter where you are located in the world. We represent clients from six continents including North America, Asia, Africa, Australia, South America, and Europe. We are also pleased to travel to meet with you. Our clients are located all over the country and the world. We are happy to hop on a plane to get to where you are.
We have several offices in Florida, including Maitland, Cocoa Beach, St. Augustine, and Ft. Lauderdale. We also have offices in New York City, South Carolina, Connecticut and Bucharest, Romania.
If you were employed by a defense contractor and injured yourself or started experiencing any type of pain on or off the clock, you likely have a claim. Our attorneys at Garfinkel Schwartz will analyze your facts and confirm if you have a valid DBA claim.
If you were injured, we recommend that you report your injury to your employer immediately. We also suggest that you email your supervisor to report your injury and request copies of any completed incident reports. Try to keep all your communication with your employer in writing and keep notes regarding the timeline and list of all witnesses involved with your reporting, diagnosis and treatment.
Whether you settled your claim or were awarded benefits for a specific injury– either situation will not preclude you from making a future claim. For example, if you injured your knees and received an award for benefits for your injury and are now suffering from hip pain, you may be covered under the Defense Base Act for the subsequent injury. Contact us to evaluate your particular set of facts and determine if we can process a new claim.
Whether you settled your claim or were awarded benefits for a specific injury— either situation will not preclude you from making a future claim. For example, if you injured your knees and received an award for benefits for your injury and are now suffering from hip pain, you may be covered under the Defense Base Act for the subsequent injury. Contact us to evaluate your particular set of facts and determine if we can process a new claim.
The most important document you need is a medical report from a doctor providing you with a diagnosis, work capacity and restrictions (if any). If you cannot afford to pay for your consultation with your doctor, please contact our office immediately and we can assist you in paying for your initial consultation with the doctor of your choice. Additional documents which are not necessary but may assist in the process of your claim include: copies of your contract, wage records and corroborating witness statements.
Under the Defense Base Act and Longshore Act, you don’t pay a penny because the laws require that your legal fees be paid by the insurance company. When we get you money, our fees are paid separately and not from your recovery. You don’t need money to begin your case or pay us to work for you.
Worldwide client representation—we come to you where you are. You will not have a penny charged to you—we take all the risk. We also advance the costs for your initial medical evaluations and fight for you in court.
Every case is different and the value of your case will depend on your age, estimated medical treatment, wages and the type of injury(ies) you sustained. For certain physical injuries also known as scheduled injuries, there is a formula in the federal law that tells you how much you will be paid based on the type of injury you sustained.
There are other types of injuries also known as unscheduled injuries, which include certain diseases, psychological, back, hip and shoulder injuries (to name a few). Unscheduled injuries cover your lost wages and future compensation benefits.
For both scheduled and unscheduled injuries, you are entitled to past lost wages, past and future medical treatment and expenses related to your treatment, including mileage reimbursement.
It is important that you retain an experienced attorney to calculate every penny you are entitled to under the law.
The Defense Base Act provides compensation, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during the employee’s shift. Injuries can be physical, psychological or presumptive.
Common physical and psychological injuries include but are not limited to:
• Back
• Neck
• Shoulders
• Arms
• Chest
• Carpel tunnel
• Hips
• Back or Knee Pain
• Legs
• TBI
• Loss of Hearing
• PTSD
• Anxiety
• Depression
Presumptive injuries are conditions presumed to have been caused by the harsh conditions or air quality employees were exposed to during the course of their employment such as burn pits, pollutants and unsanitary conditions.
Examples of presumptive injuries include but are not limited to the following:
• Cancer
• Pulmonary injuries
• Hepatitis
• Bacterial infections
• Immune system disorders
• Long COVID effects
Garfinkel Schwartz will advance the costs for your initial medical evaluations. We immediately begin work on your behalf to get you the very best medical care from the best doctors no matter where they are. You can try to apply for assistance in your state while your case is being settled.
The Department of Labor helps to administer the law and is in charge of paying for the administrative law judges that will preside over your case. This means that the Department of Labor is the neutral party. The U.S. Department of Labor will help to determine what’s fair and not fair under the DBA and the Longshore Act.
Insurance Companies have a very large advantage over your claim and they will take advantage of you every time. Without representation, they can try to force you to go back to work, deny a medical care claim or find some other way to not pay what you are entitled to receive.
Our Defense Base Act Lawyers Alan Garfinkel, Giselle Garcia & Brian Wiklendt have fought insurance companies time and time again. We don’t like the way insurance companies do business or the way they try to dishonor people who have served for our country overseas.
Just the simple act of having the Garfinkel Schwartz letterhead on your first letter to the adjuster of the insurance company basically will discourage them from doing the wrong thing each and every step of the way.
Our most important focus is for all our clients to receive every medical benefit and aspect of care needed to heal, to be comfortable, and to allow you to live your life to the fullest. As no two injuries are the same, there is no way to put a timeline on a Defense Base Act or a Longshore Act case.
During your case, you can count on the attorneys at Garfinkel Schwartz to do what is necessary to get you all the medical and money benefits you are entitled. You are taken care of, you are cared for and you are only a phone call away from answers from Garfinkel Schwartz when you become our client.
The company who employed you, your employer pays through their insurance company the cost of your medical treatment and any other benefit you receive, including our attorneys’ fees.
There is actually no risk whatsoever to you when you get an attorney. That’s the value of this federal law. That’s part of what your protection is under the law: you will not have to pay us when insurance companies wrongfully deny paying you or deny providing you or your loved ones medical benefits.
The firm’s name, Garfinkel Schwartz is in memoriam for deceased Florida Longshore and DBA attorney John M. Schwartz and his father Sydney Schwartz. Both practiced law for more than 75 combined years. Attorney Alan Garfinkel, John’s son-in-law, practiced with John Schwartz for a dozen years. While attending law school, Alan’s sons also worked for the firm.
Yes, absolutely. Garfinkel Schwartz currently represents clients all over the world. We represent clients from six continents including North America, Asia, Africa, Australia, South America, and Europe. We have several offices in Florida, including Maitlaind, Cocoa Beach, St. Augustine, and Ft. Lauderdale. We also have offices in New York City, South Carolina, Connecticut and Bucharest, Romania.
Our firm has helped clients recover money and receive excellent medical care under the Defense Base Act and Longshore and Harbor Workers Compensation Act for the past seven (7) decades.
Garfinkel Schwartz helps civilian contractors, longshoremen, third country nationals, sub-contractors, federal employees and employees of U.S. military bases located anywhere in the world.
If we agree to accept your case, one of our lawyers will fly out to you to meet with you and your family. Together we will help you locate and obtain the very best doctors to treat your injuries or illness. Then we work diligently to get you the very best monetary settlement you deserve.
Under the Defense Base Act and Longshore Act, you don’t pay a penny because the laws require that your legal fees are paid. When we get you money, our fees are paid separately and not from your recovery. You don’t need money to begin your case or pay us to work for you.
The Defense Base Act is a far-reaching law that protects medical care rights and compensation to injured employees who work overseas for defense contractors.
The Defense Base Act and the Longshore and Harbor Workers Compensation Act are Federal laws. The DBA and the Longshore Act are handled in Federal courts and you are represented by Federal lawyers. Because it’s federal, our location in Florida is irrelevant. We travel to our clients.
If you have been injured while working overseas for a defense contractor, or hurt while working the ports/docks/coasts on U.S. waters as a longshoreman, you should call us to tell us what happened to you.
The Longshore and Harbor Worker’s Compensation Act assures medical care, benefits and compensation to employees injured on U.S. docks, ports, shores, coasts, while working jobs located on federal bodies of water that are not on land and covered in a U.S. state.
Under the Defense Base Act, the Longshore and Harbor Workers Compensation Act, and the Non-Appropriated Funds Act, you are provided the same types of benefits which include:
No.1:
You have the right to seek medical care from the doctor of your choosing which is not the case in other areas of law. This is the strongest advantage you have under this law—you are allowed to choose your doctor.
No.2:
You receive weekly compensation benefits which are lost wages and future money benefits–while you can show your doctor that you are disabled and injured and that you can’t work.
That does not include the recovery of lost wages as in a personal injury claim. There is a computation under these laws in terms of what your weekly wage is going to be. To break it down, it is two thirds of your weekly wage. It’s what you get compensated for. And there’s a maximum amount to it. A lot of people overseas are at their maximum. It’s these kinds of details and differences that people need to be made aware of by their lawyer.
Your selection of the most experienced lawyer in this practice area is very important.
CAN YOU BE MY LAWYER?
Yes, Of Course! We are also pleased to travel to meet with you. Our clients are located all over the country and the world. We are happy to hop on a plane to get to where you are.
Worldwide client representation—we come to you where you are.
Never a penny charge to you—we take all the risk
We also advance the costs for your initial medical evaluations and to fight for you in court.
Garfinkel Schwartz helps find you the best doctors
There is a formula in the federal law that tells you how much they’re supposed to pay if you are one of these injured DBA contractors you were injured overseas. If you’ve been working for any particular company that has a government contract the insurance company has to pay for all your lost wages and future money benefits which means your lost wages during the time that you’re injured.
When we’re fighting for your benefits, this is not the type of case where you are going to get a windfall amount. This fight is simply to enable you to keep living comfortably while you are injured and can’t work.
With that in mind, they don’t allow lawyers to take a percentage of what your benefits are–especially in term of getting medical benefits. There is no way to qualify that necessarily in an hourly rate from you because basically the law states that if Garfinkel Schwartz gets any benefit for you, the insurance company is going pay for all our reasonable costs and fees.
They are completely separate issues as to what your benefits are. We cannot, by law we can’t charge you a percentage. This means that you will never have to pay Garfinkel Schwartz anything, ever.
The Defense Base Act provides compensation, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during the employee’s shift. Injuries can be physical, psychological or presumptive.
Common physical and psychological injuries include but are not limited to:
- Back
- Neck
- Shoulders
- Arms
- Chest
- Hips
- Back or Knee Pain
- Legs
- TBI
- Loss of Hearing
- PTSD
- Anxiety
- Depression
Presumptive injuries are conditions presumed to have been caused by the harsh conditions employees were exposed to during the course of their employment such as burn pits, pollutants and unsanitary conditions.
Examples of presumptive injuries include but are not limited to the following:
- Cancer
- Pulmonary injuries
- Hepatitis
- Bacterial infections
- Immune system disorders
- Long COVID effects
FROM MY DBA CASE?
No. Never.
We do not handle cases on a contingency basis. If we win, the insurance company pays you and pays us too! .
If a settlement is reached and the parties come to some sort of agreement, a judge must approve that settlement to make sure that it’s fair to you and your family.
Again, you never pay our law firm any attorney fees.
FOR WORKING MY CASE?
The amount of money an attorney will receive in any case is decided by the judge and does not take away any part of your settlement.
Clients Do Not Pay Any Legal Fees
If we get you medical benefits, the insurance company pays all of our fees, not you or your family. Period.
Whether we work 10 minutes or 10 hours, it will not affect a client. A client will never pay any legal fee.
If we (Garfinkel Schwartz) get medical benefits for you, the insurance company is going to pay for all our reasonable costs and fees. Period. These are completely separate payment issues from clients.
As to what your benefits are, there is no percentage to lawyers based on your benefits and we cannot and will not by law charge you a percentage.
You will never, ever pay us for any legal costs. This is stated within the DBA law and Longshore Compensation Act.
If we do get you medical care, medical benefits, or a settlement, then we submit what’s called a petition to the court. This includes the hours of work spent to get clients their benefits. The attorney hourly rate varies around the country but it is all submitted and paid for by the insurance company.
Not by the client. Never by the client.
I’M WAITING FOR MY DBA CASE?
Garfinkel Schwartz will advance the costs for your initial medical evaluations. We immediately begin work on your behalf to get you the very best medical care from the best doctors no matter where they are. You may have to apply for assistance in your state while your case is being settled.
The Department of Labor helps to administer the law and is in charge of paying for the administrative law judges that will preside over your case. This means that the Department of Labor is the neutral party. The U.S. Department of Labor will help to determine what’s fair and not fair under the DBA and the Longshore Act.
Insurance Companies have a very large advantage over your claim and they will take advantage of you every time. Without representation, they can try to force you to go back to work, deny a medical care claim or find some other way to not pay you what you are entitled to receive.
Our Defense Base Act Lawyers Alan Garfinkel, Giselle Garcia & Brian Wiklendt have fought insurance companies. We don’t like the way insurance companies do business or the way they try to dishonor people who have served for our country overseas.
Just the simple act of having the Garfinkel Schwartz letterhead on your first letter to the adjuster of the insurance company basically will discourage them from doing the wrong thing each and every step of the way.
Our most important focus is for all our clients to receive every medical benefit and aspect of care needed to heal, to be comfortable, and to allow you to live your life to the fullest. As no two injuries are the same, there is no way to put a timeline on a Defense Base Act or a Longshore Act case. A judge will not settle the case until your medical issues are resolved or until your care is determined to be over.
During your case, you can count on the attorneys at Garfinkel Schwartz to do what is necessary to get you all the medical and money benefits you are entitled. You are taken care of, you are cared for and you are only a phone call away from answers from Garfinkel Schwartz when you become our client.
CARE WHILE I’M WAITING FOR MY DBA CASE?
Garfinkel Schwartz will advance the costs for initial medical evaluations. We immediately begin working on your behalf to get you the very best medical care from the best doctors no matter where they are.
Yes, possibly, but in these particular types of cases there is a special provision in the federal law that says that because this is an injury type of situation and a stopgap measure that you are not going to get your full lost wages: you’re going to get a percentage of them.
The company who employed you, your employer pays through their insurance company in order to cover the cost of your medical treatment.
There is actually no risk whatsoever to you when you get an attorney. That’s the value of this federal law. That’s part of what your protection is under the law: you will not have to pay us when insurance companies wrongfully deny paying you or deny providing you or your loved ones medical benefits.