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Although the DBA prevents employees from obtaining the full costs of an injury from an employer, there are still ways to receive compensation. Depending on the circumstances of your case, the law may allow you to file a case against:
Your employer can be named in a lawsuit if you are pursuing a case against someone else implicated in your injury. For example, if your injury occurred due to the recklessness or negligence of another worker, the employer could be named as a second party to the civil lawsuit.
Employees can file civil suits involving someone other than your employer. If any or all parties are found to be at fault, you can recover pain and suffering, lost earnings, and damages for permanent disability or loss of enjoyment of life.
In most cases, DBA insurance coverage prevents workers from filing injury lawsuits against their employers. But if an employer, contractor, or a subcontractor fails to secure DBA insurance coverage, employees can sue the employer for civil damages. In these cases, employers cannot defend the claim based on your negligence or your assumption of risk in taking the job.
Contact us today to schedule a free confidential consultation with our Defense Base Act Lawyers. Our dedicated staff will provide you with the attention and consideration that you deserve in your time of need. Our Defense Base Act attorneys at the Mara Law Firm will devote ourselves to protecting your interests and obtaining the maximum benefits that your case merits.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.
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