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I was injured and also had poroperty damage on a US military

 
N Cal Attorney's Avatar
  • Answered by:N Cal Attorney
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Customer Question

I was injured and also had poroperty damage on a US military base in Bahrain. The injury and damage was a result of an action taken by a contractor on that base. I have had surgery for a meniscus tear repair and am out of work and have been since June 11. Military cannot assist or over advise in a potential claim against the govt. They say if I file claim against the contractor I must do according to Bahraini law. I am an American working on the base. DOD civilian employee and military dependent. What in the world!!!

 

Optional Information:
Country relating to Question: Bahrain

Already Tried:
gone to legal services on base ...no help...contacted JAG in Norfolk and receive information that I had to file under Bahraini Law. Don't know what to do

Submitted: 312 days and 7 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  N Cal Attorney replied312 days ago.

Are you an employee of the same contractor that caused the injury?

Customer replied312 days ago.

No, but that that is an interesting question. I am a Dept of the Navy civilian employee and I believe they are contracted by the DON or DOD...government either way

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Expert:  N Cal Attorney replied312 days ago.

As a civilian employee your injury should be covered under the Defense Base Act, see
http://www.dol.gov/owcp/dlhwc/dba.htm

Have you presented a claim for compensation to your employer?

Customer replied312 days ago.

My employer says it is not workmans comp because I had not actually started work. The base says it is the contractor. I researched the DBA and I thought I had to be injured while working, will look again

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Expert:  N Cal Attorney replied312 days ago.

Were you on your way to work when this happened?

Customer replied312 days ago.

Yes, I was coming through the gate and the contractor flipped a switch causing a metal barricade to deploy and hit/stop my vehicle

Accepted Answer

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Expert:  N Cal Attorney replied311 days and 23 hours ago.

My opinion is that the employer is mistaken and this should be covered.

http://www.dol.gov/owcp/dlhwc/ExplainingDBA.htm
states:
"The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours."

I hope this information is helpful.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 92.8 %
Accepts: 722
Answered: 7/13/2012

Experience: since 1983

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Expert:  N Cal Attorney replied311 days and 13 hours ago.

Thank you for accepting my answer.

 
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