BENEFITS UNDER THE DEFENSE BASE ACT
The first thing you should do after an injury or illness is notify your employer as soon as practicable BUT NO LATER THAN 30 DAYS.
Regardless of fault, even your own, you should be entitled to various benefits.
I. MEDICAL TREATMENT
To begin, you are entitled to medical treatment. With few exceptions you are entitled to choose your first medical provider who will be paid by your employer or its insurance carrier. Any change in doctor thereafter may require the consent of your employer. Prescriptions and travel to medical providers are also covered. You will not have to advance any medical fees. Your medical expense will be paid as long as your treatment is medically determined to be related to the claim. Your employer has the right to have you examined by a doctor of its choosing to verify the need for treatment and continuing of payments of benefits. Your failure to comply with such an exam could result in the stopping of your benefits.
II. LOSS OF EARNINGS OR DISABILITY OR DEATH BENEFITS
If you are totally disabled for more than 3 days you may be entitled to additional benefits beyond medical treatment. This act provides for a higher rate of compensation than under normal state laws. Normally, you should be entitled to 2/3 of your average weekly earnings with a maximum of $1,047.16 per week for as long as it is determined that you are not able to return to work.
In addition to loss of earnings benefits, you may also be entitled to either permanent total or partial disability benefits. If you are found permanently totally disabled, your loss of earnings will continue with a yearly adjustment for inflation. You may be permanently partially disabled if you are found to be able to perform some type of work. Compensation for such a finding is based on a schedule for the total loss of use of different body parts. For example:
Hand = 244 weeks of compensation; arm = 312 weeks; foot = 205 weeks; leg = 288 weeks;
eye = 160 weeks; thumb = 75 weeks; index finger = 46 weeks; middle finger = 30 weeks;
ring or pinkie finger = 15 weeks; big toe = 38 weeks; other toes = 16 weeks; bilateral hearing loss = 200 weeks; hearing loss one ear = 52 weeks; disfigurement = $7,500.00.
You may be found to have only a partial loss of a bodily part and be entitled to a percentage of the full amount. For example, if you are found to have a 50% loss of an arm, you would be entitled to 156 weeks (one-half of 312 weeks).
In the event of death, benefits are to be paid to the dependants of the employee. Such benefits total � of the worker's average weekly earnings if there is a surviving spouse or one child or 2/3 if 2 or more eligible survivors up to $1,147.16. Funeral expenses up to $3,000.00 are also paid.
Permanent total disability and death benefits may be payable for life.
