As with any issue we discuss, this is not to be considered official legal advice. For that, you’ll need a Montagna Klein Camden attorney. We strongly recommend that you enter such legal discussions with a representative who knows the law. Contact our DBA attorneys today for a free consultation.
The Defense Base Act is maintained by the Department of Labor’s Division of Longshore & Harborworker’s Compensation (DLHWC). Either party may open the table to settlement at any time, but it is importa
nt to know what time is the right time – another reason you need an MKC attorney by your side. You’ll also need help determining whether the settlement is reasonable – which is where the DLHWC usually steps in. They’ll assess the claim and decide whether or not the settlement amount is reasonable based upon the following criteria:
If the DLHWC determines that the settlement is reasonable, then your employer and insurer must pay you the compensation owed. Ten days are allotted for transfer of funds; after that, a hefty late fee will be incurred (regardless of geographical distance).