The Defense Base Act is different from most other workers’ compensation plans in that under the DBA, an injury may be covered even if it was not incurred while working. For example, injuries sustained by DBA workers during recreational activities are covered by the Defense Base Act. Here, a Defense Base Act Lawyer discusses recreational injuries that are covered under the DBA.
“Under the DBA, injuries resulting from reasonable and foreseeable recreational activities in isolated or dangerous locales arise out of a “zone of special danger” and are therefore compensable under the DBA. In this article, we discuss various cases where DBA employees were involved in “recreational activities” and the courts found their case to be covered by the Defense Base Act:”
A worker who drowned in a weekend boating accident 30 miles from his job site at a defense base work site was found compensable under the DBA.
An employee who was injured during a late-night rendezvous with her supervisor in a parked car that was hit by an out-of-control army weapons carrier was found to be compensable under the DBA.
An employee who was hit by a truck while hitchhiking back to his campsite after dinner at a local restaurant was found to be a compensable claim under the Defense Base Act.
A worker was “joy-riding” in an after-hours jeep accident and was killed. Nevertheless, the court found the death arose out of the “zone of special danger” even though the jeep may have been speeding and the employer may not have authorized the use of its Jeep.
A worker got into a tussle during a pool game at a bar while off-duty. The court nevertheless found the DBA worker’s injury to be compensable. The court characterized the incident as “horse-play” and found it to be covered by the DBA.
Injuries to workers while they are exercising and/or training are always compensable under the DBA. Cases that are winnable include those in which claimants were injured while playing soccer, playing basketball, jogging, and lifting weights.
Don’t automatically assume that an injury sustained while not “on the job” is not compensable. You may lose the money and benefits you are owed. Talk to us. We are here to help you get the best possible compensation for your injury, regardless of the circumstances. To learn more and to schedule a free and confidential consultation with a knowledgeable DBA attorney, please call us at (619) 486-1739 or fill out and send our online contact form. We only get paid when we get you the relief you deserve.
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.
Mara Law Firm ClientSan Francisco
Mara Law Firm ClientSan Francisco
Jerome HarrisSan Francisco
Sally A ChandSan Francisco
Jim Joned San Francisco
Linda DSan Francisco
If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.
all fields are required*