State Benefits Vs. Longshore Benefits in the Defense Base Act law
There are many details and precedents that have been set in workers’ compensation and Defense Base Act law. Sometimes, things that seem black and white aren’t quite as clear cut as they appear. Other times, things that used to be understood are changed because of complicated reversals. The bottom line is that you need an attorney on your side who understands every little intricacy of what you’re going through. Kenneth G. Franconero, PLLC, has a ton of that necessary experience, and would like to help you receive the compensation that you deserve.
There can be confusion when it comes to state benefits vs. Longshore benefits, with regards to an injured employee. In the case of Roush v. Bath Iron Works and Chartis/AIG, an injured Maine employee originally received Maine state workers’ compensation benefits from a serious head injury. Because Maine is a concurrent jurisdiction state, an employee can choose to receive benefits from the state or federal (Longshore Act) level. Bath and Iron Works attempted to acquire Special Fund relief for the weeks of wage loss that it paid under Maine law. However, the court held that the company could not be credited for the weeks that it paid through Maine law, as these payments were not considered Longshore payments. Basically, this case established that state payments cannot be considered Longshore payments.
If you or a loved one was injured as a contractor/employee, you are entitled to compensation. The Defense Base Act isn’t as clear as it should be, and that is why you need someone who understands it to represent you. Kenneth G. Franconero, PLLC, has helped many families get their hard earned benefits. When it seems like everyone is against you all of a sudden, make sure you have the right people on your side. Contact Kenneth G. Franconero, PLLC, today, and ask any questions you may have. For a free case review, simply call (855) KGF-PLLC.
For more information visit https://www.defensebaseinjury.com