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Defense Base Act
Booklet
Testimonials…………..
Recent
Decisions…………..
TABLE OF
CONTENTS
The Defense Base Act .......................
Injuries Covered by Workers' Compensation .................
Notice of Injury ..........................................
Choice of Physicians ......................................
When Weekly Benefits Should Begin .........................
Amount and Duration of Weekly Benefits:
Temporary Total
Disability Benefits ............................
Temporary Partial
Disability Benefits ..........................
Permanent and
Total Disability Benefits………………
Permanent Partial
Disability Benefits………………….
Scheduled Awards .............................……………….
Method of Computing Average Weekly Wage ...................
Offset of Social Security Disability Benefits from Compensation
.........................
Employee Work Verification ................................
Medical Examinations ......................................
What to Do If You Stop Receiving Benefits .................
Medical Benefits ..........................................
Death Benefits ............................................
Occupational Diseases .....................................
Settlements ...............................................
Pain and Suffering -- Third Party Claims ..................
How to Proceed if You Are Injured at Work -- Dos and Don'ts
.............
I. The Defense
Base Act
The Defense Base
Act was enacted in 1941 in order to provide compensation to injured
civilian workers or their dependents for disability or death due to
an injury occurring on military bases of the United States. The Act
includes public works contracts with the government for the building
of non-military projects such as dams, schools, harbors, and roads
abroad. Today, almost any contract with an agency of the United States government for work
outside of the United
States, whether of military nature
or not, will likely require Defense Base Act coverage.
If an injured worker is covered under the
Defense Base Act, he is generally entitled to the benefits and
procedures set forth in the Longshoreman & Harbor Workers
Compensation Act (“LHWCA”). The LHWCA provides that the employer must
pay for the medical care required for its employee’s injury, for
disability compensation payments and for rehabilitation training. In
the event of death caused by injury, benefits include payment for
reasonable funeral expenses and compensation payments to surviving
eligible dependents. Although the LHWCA does not provide for
compensation for non-economic losses, such as pain and suffering,
compensation is payable regardless of whether the employer was
"negligent" or "at fault" in causing a worker's
injuries.
Injuries
Covered by Workers' Compensation
The Defense Base
Act applies to all injuries or occupational diseases which arise
during the course of employment and which are related to that
employment. You are eligible for workers' compensation regardless of
your previous physical condition -- for example, even if you have had
a bad back or heart condition for many years, you are entitled to
workers' compensation benefits if you re-injure, aggravate, or
accelerate your back or heart condition during the course of your
employment. In addition, you can receive workers' compensation
benefits even if your own negligence or carelessness contributed to
your injury or death.
Notice of
Injury
Under the law, an
injured employee, or someone acting on his or her behalf, is required
to give notice of the injury to the employer. Therefore, if you are
injured on the job or suspect that you have an occupational disease,
you should notify your employer of your injury or illness as soon as
possible, preferably in writing. If you fail to notify your employer
of your injury within 30 days, you may not be eligible for workers'
compensation benefits.
Choice of
Physicians
Your employer is
responsible to authorize medical services to you after you give
notice of your injury. You are permitted one free choice of physician
to treat your injuries. After that no change may be made without the
consent of your employer or the United States Department of Labor. If
the doctor you chose to treat you turns out not be of the appropriate
specialty, another choice will generally be granted. Unlike many state
compensation laws, under the Defense Base Act, the employer can’t
compel you to choose from a list of doctors that it has selected.
However, if you visit a doctor who is not your free choice physician
or to whom you have not been referred by your free choice physician,
you will be responsible for payment of the doctor's bill. The physician
selected to treat you is required to provide your employer and the
Department of Labor with periodic updates concerning your medical
condition and progress.
There is no limit
on the duration that medical expenses can be paid as long as the need
for medical treatment can be substantiated and related to the
work-related injury or illness.
Medical benefits
include hospital and physician bills, prescriptions, and
reimbursement for travel to obtain medical treatment. As of January 1, 2002,
the Department of Labor generally allows 32.5 cents per mile for
mileage reimbursement.
When Weekly
Benefits Should Begin
Compensation for
time lost from work is payable on the 4th day after the onset of your
disability. In cases where disability extends more than fourteen
calendar days, compensation is paid for the three-day waiting period.
You should begin
receiving weekly workers' compensation benefits within 14 days of the
date you gave your employer notice of your injury. If you do not
receive benefits within 14 days, or if your employer or the
Department of Labor sends you a Notice of Controversion, you should
immediately contact a lawyer, who will assist you in filing a Claim
for benefits.
In general, your
claim for benefits must be filed with the Department of Labor within
one year of the date of injury or death.
Amount and
Duration of Weekly Benefits:
Temporary
Total Disability Benefits
Under the Act,
you are entitled to receive temporary total disability benefits if
you are unable to perform your usual occupation for what is
anticipated will be a limited period of time. If you are temporarily
totally disabled, you will be paid weekly benefits equal to
two-thirds of your average weekly wage subject to minimum or maximum
compensation rates. The maximum compensation rate is set on October 1
of each year. The maximum compensation rate as of October 1, 2003 is $1,037.87
per week.
Temporary
Partial Disability Benefits
You are
considered temporarily partially disabled when you are only partially
disabled to perform any type of work for an anticipated limited time
period. In such case, you may be able to return to your original job
part-time or to a lesser paying position. Alternatively, your employer
may send you notification that you must look for modified work
outside of the workplace. If you are partially disabled, you are
entitled to receive weekly benefits equal to two-thirds of the
difference between your average weekly wage and your "earning power"
-- the amount you are earning if you have returned to the workforce,
or the amount that it is determined that you should be able to earn.
Temporary partial disability benefits can continue for up to 5 years.
Permanent
and Total Disability Benefits
You are
considered permanent and totally disabled when you are unable to
perform any type of employment for an indefinite period of time. You
are entitled to a cost of living adjustment not to exceed 5% per year
while you are on permanent total disability. The cost of living
adjustment to permanent and total disability benefit recipients is
set on October 1 of each year by the Department of Labor. The
adjustment on October 1, 2003 was 3.44%.
Permanent
Partial Disability Benefits
You are
considered permanently partially disabled when you are partially
disabled from performing any type of work for an indefinite period of
time. In such a situation, your injury does not prevent you from
performing some type of suitable alternative employment consistent
with your functional capacity. Vocation services, including
retraining and placement, are provided by the Department of Labor.
Compensation for permanent partial disability is payable either on
the basis of a scheduled award (see below) or a loss of earning
capacity, depending on the anatomical parts of your body disabled by
the work injury.
Specific
Loss Benefits
The Act provides
for limited term payments in cases where an employee suffers a
permanent loss of use of parts of the body listed in the Act. A
scheduled award can be paid even if you return to your pre-injury
employment. A scheduled award may consist of the permanent loss or
loss of use of certain limbs or bodily functions, including vision
and hearing. Calculation of the percentage of your loss of use is
generally prepared by physician in consultation with the current
edition of the American Medical Association Guide to Permanent
Impairment. Disfigurements of the head, neck, face, or other
exposed areas are also considered specific losses. The maximum
disfigurement award is $7,500.00. If you have a specific loss, you
are entitled to compensation in the amount of two-thirds of your
average weekly wage, for the number of weeks set forth in the
following chart:
Scheduled Award
Weeks of Compensation
Hand ............................... 244 weeks
Arm ................................ 312 weeks
Foot ............................... 205 weeks
Leg ................................ 288 weeks
Eye ................................ 160 weeks
Thumb .….......................... 75 weeks
Index Finger .......................46 weeks
Middle Finger ....................30 weeks
Ring Finger ........................15 weeks
Little Finger .................... 15 weeks
Great Toe ......….................38 weeks
Other Toes ......…...........…16 weeks
Hearing Loss-Both Ears…200 weeks
Hearing Loss-One Ear…....52 weeks
Disfigurement ...........….$7,500.00
For example, a
person who has a 10% loss of use of a leg according to the AMA
Guidelines will receive 28.8 weeks of additional weeks of
compensation at a compensation rate determined by his average weekly
wage.
Method of
Computing Average Weekly Wage
It is important
that you make sure that your employer has correctly calculated your
average weekly wage. The amount of any compensation benefits to which
you are entitled is equal to two-thirds of your average weekly wage
subject to the maximum or minimum compensation rate. The most
commonly applied computation of the average weekly wage involves
dividing all payroll earnings received during the year prior to the
injury by 52. Generally, any bonuses, incentives, vacation, or
royalty payments that you earn are included in the calculation.
Alternative
calculations may apply if your employment in the industry is seasonal
or the usual calculation does not determine an appropriate average
weekly wage at the time of injury.
If you have any
questions about the correct calculation of your average weekly wage,
or believe that your employer's calculation is incorrect, you should
contact a lawyer or the Department of Labor as soon as possible since
even a few dollars difference in your average weekly wage can mean
thousands of dollars over the life of your claim.
Offset of
Social Security Disability Benefits from Compensation
Title II of the
Social Security Act requires that Social Security disability benefits
be offset from workers’ compensation indemnity benefits. This means
that the amount of your social security disability benefits may be
reduced by the amount of any compensation weekly benefits that you
receive during the period of your disability. On the other hand,
there is no offset for "Old Age" Social Security retirement
benefits against the amount of weekly workers' compensation benefits
paid by your employer. If you have any question as to whether the
offset applies to your case or is being properly calculated by Social
Security, you should contact a lawyer.
Employee Work
Verification
The Act requires
you to report earnings from alternative employment. Accordingly,
while you are out of work, your employer may send you a verification
form to be completed and returned within 30 days. The verification
form may request you to disclose the nature of your alternate employment,
the dates of employment, and the amount of your earnings. If you do
not accurately complete the verification form and return it within 30
days, your employer may suspend your benefits until the form is
returned. If you provide your employer with intentionally false
information, your employer may terminate your benefits or refer your
claim for prosecution to the U. S. Attorney for fraud.
Medical
Examinations
After you suffer
a work injury, your employer may require you to submit to a medical
examination by a doctor of its choosing. You may lose your right to
compensation if you do not submit to medical examinations at
reasonable intervals. If you receive a notice from your employer
scheduling you for a medical examination or interview, you should
consult an attorney as to whether you should attend, or have your own
representative present during the examination, since employer
requested evaluations may result in reduction or termination of your
compensation benefits without prior notice or hearing for you.
What to Do If
You Stop Receiving Benefits
If you stop
receiving workers' compensation benefits, you should contact the
Department of Labor or a lawyer immediately.
Medical
Benefits
Your employer is
responsible for paying all necessary and reasonable hospital,
surgical, and medical expenses that you incur as the result of your
work-related injury or illness. There are no restrictions on the
length of time or the amount of medical benefits as long as the need
for medical treatment can be substantiated and related to the
work-related injury or illness.
Medical benefits
include prescriptions and travel to obtain medical treatment. As of
January 14, 2000, the Department of Labor generally allows 32.5 cents
per mile for mileage reimbursement.
Death Benefits
If you should die
as a result of a work-related injury or illness, your surviving
dependents are entitled to receive death benefits. The compensation
rate will depend on your average weekly wage. In addition, death
benefits include reasonable funeral expenses up to a maximum of
$3,000.00.
Occupational
Diseases
Occupational
diseases include illnesses resulting from exposure to carcinogenic or
toxic chemicals, asbestos, loud noises, excessive heat, stress, and
other unsafe conditions present in the work environment. The result
of prolonged exposure to these types of health hazards may include
cancer, heart disease, neurological diseases, and loss of hearing.
Disability resulting from an occupational disease is covered by the
Act. Therefore, if you have an illness that you believe might have
resulted from your work environment, you should ask your doctor about
any possible connection between your illness and your job. If you
suspect that you may have an occupational disease or as soon as your
physician tells you that you have a work-related illness, you should
notify your employer immediately.
You may be able
to file your claim for occupational disease after your retirement
from the industry. If you suspect that you have an occupational disease
that has manifested itself after you have left the industry, you
should contact a lawyer or the Department of Labor.
Settlements
In some
instances, an agreement may be reached whereby the employer pays you
a lump-sum cash payment instead of weekly compensation benefits that
continue into the future. All settlements of this nature must be
approved by the Department of Labor.
Pain and
Suffering -- Third Party Claims
The Act prohibits
you from suing your employer for non-economic losses, such as pain
and suffering, inconvenience, and loss of companionship, even if your
employer's negligence or carelessness contributed to your injury. In
some instances, however, you may be able to sue a third-party for
your pain and suffering. For example, if you are injured while
working on a ship or pier, you may be able to bring a civil suit for
damages against the owner of the vessel or pier. If you believe that
you may have a claim against a third party, you should contact a
lawyer for advice on how to proceed.
How to Proceed
if You Are Injured at Work -- Dos and Don'ts
1. DO report
your injury or suspicion of disease immediately to your employer, or
your employer's representative, such as the superintendent,
timekeeper, or your immediate supervisor. Failing to report the
injury to your employer within the time limits set by the Act may
result in a denial of your claim. You should also report the injury
to your union representative. If you need any information or advice,
you should contact a lawyer or the Department of Labor.
2. DO get
medical treatment. Your employer must allow you one free choice
physician to treat your work-related injury or illness. It is
important that you tell the doctor that you were injured at work.
3. DO
contact a lawyer if you do not begin to receive weekly workers'
compensation benefits within 14 days of the date you notified your
employer of your injury, or if your employer or the Department of
Labor sends you a Notice of Controversion.
4. DO NOT
assume that the Group Benefits or Sickness and Accident Benefits
provided by your employer or union will cover you when you are
injured at work. Group benefits are disability benefits that cover
you for an injury or illness that is not work-related. The level of
benefits provided under these group plans is usually lower and of
shorter duration than workers' compensation benefits. Therefore, if
you are injured at work, you should apply for workers' compensation
benefits rather than group benefits. If your employer denies your
claim for workers' compensation, you should then apply for group
benefits, and contact a lawyer in order to file a Claim for Workers'
Compensation. If you are awarded workers' compensation later, you may
have to repay the benefits you received from your disability carrier from
the worker’s compensation benefits you receive.
4. DO NOT
sign any incomplete papers, or any papers that you do not completely
understand.
5. DO NOT sign
any written statements concerning your injury unless your union
representative or lawyer has had a chance to review them.
6. DO NOT go
to a doctor that your employer wants you to see without first
discussing the examination with a lawyer or the Department of Labor.
You may have the right to refuse this examination or at least to have
your own representative present during the examination.
7. DO
contact a lawyer immediately if you stop receiving workers'
compensation benefits.
8. DO NOT
settle your claim unless you are certain that you understand the
terms of the settlement. Once you settle your claim, you may not be
entitled to any further workers' compensation benefits. Therefore,
even if you have returned to work or are no longer receiving medical
treatment, it is a good idea to discuss your situation with a lawyer
before signing a settlement agreement.
9. DO
contact a lawyer if you believe that someone other than your employer
was responsible for causing your injury. You may have the basis for a
civil suit against a third-party for your pain and suffering, in
addition to receiving workers' compensation benefits.
II. The Americans with Disabilities
Act of 1990
The purpose of
Title 1 of the Americans with Disabilities Act of 1990 ("ADA") is to
prohibit employers from discriminating against qualified individuals
because of a disability in all aspects of employment. As discussed in
the previous section, the purpose of workers’ compensation laws is to
provide a system for securing prompt and fair settlement of the
employees’ claims against employers for occupational injuries and
illnesses. The object of these two sets of laws are not in conflict,
and in some instances, simultaneous application of the laws has
created questions for employers and individuals with disabilities. In
this section, we will provide you guidance concerning the following
issues:
Whether a person
with an occupational injury has a disability as defined by the ADA;
The type of
disability-related questions employers can ask and when employers can
require medical examinations relating to occupational injuries and
workers’ compensation claims;
Reasonable
accommodations under the law for persons with disability-related
occupational injuries;
Light duty
assignments---Are employers obligated to provide them;
And how the
exclusive remedy provisions in workers’ compensation laws are
affected by the ADA.
Occupational Injuries
and the ADA
The ADA defines
"disability" as: (1) a physical or mental impairment that
substantially limits a major life activity, (2) a record of such
impairment, or (3) being regarded as having such an impairment. Not
every employee with and occupational injury has a disability within
the meaning of the ADA.
For example, impairments resulting from occupational injury may not
be severe enough to substantially limit a major life activity, or
they may be only temporary, non-chronic, or have little or no
long-term impact.
Therefore, even though
an individual sustaining a work-related injury files a workers’
compensation claim and receives benefits, he or she does not
necessarily have a disability under the ADA. A person has a disability
under the "record of" portion of the ADA definition only if that worker
has a history of, (or has been misclassified as having), a mental or
physical impairment that substantially limits one or more major life
activities.
A person with an
occupational injury has a disability under the "regarded
as" portion of the ADA definition if: (1) the worker has an
impairment that does not substantially limit a major life activity
but is treated by an employer as if it were substantially limiting;
(2) if the worker has an impairment that substantially limits a major
life activity because of the attitude of others towards the
impairment; or (3) has no impairment but is treated as having a
substantially limiting impairment. For example:
An employee has
an occupational injury that has resulted in a temporary back
disability that does not substantially limit a major life activity,
however, the employer considers the individual as being unable to
lift more than a few pounds and refuses to return the worker to his
former job. Since the employer regards the worker as having an
impairment substantially limiting the major life activity of lifting,
that employee is considered to have a disability as defined by the ADA.
Employers’ Rights to
Inquire About Workers’ Compensation Claims or Occupational Injuries
Employers may ask
questions about and applicant’s prior workers’ compensation claims or
occupational injuries after they have made a conditional offer of
employment but before employment has begun, as long as they ask the
same questions of all entering employees in the same job categories.
An employer may require a medical examination to obtain information
about the existence or the nature of an applicant’s prior
occupational injuries, after it has made a conditional offer of
employment, but before employment has begun, once again as long as it
requires all entering employees in the same job category to have a
medical examination.
Before a
conditional offer of employment is made, and employer may not obtain
from third parties, insurance carriers, etc., any information that it
could not lawfully obtain directly from the applicant.
Employers may ask
disability-related questions or require medical examination of
employees both at the time the employee experiences and occupational
injury or when the employee seeks to return to work following such an
injury. However the questions must not exceed the scope of the
specific occupational injury and it’s effect on the employee’s
ability, with or without reasonable accommodation, to perform the
essential job functions or to work without a direct threat. Employers
may also ask disability-related questions or require a medical
examination of an employee with an occupational injury in order to
ascertain the extent of workers’ compensation liability. Once again,
however, questions and examinations must be consistent with the state
laws’ intended purpose of determining an employee’s eligibility for
workers’ compensation benefits. Excessive questioning or imposition
of medical examinations may constitute disability-based harassment,
which is prohibited by the ADA.
All medical
information obtained regarding an applicant’s or employee’s
occupational injury or workers’ compensation claims must be held in
the strictest of confidence, and may only be disclosed for limited
job related and/or bona fide insurance purposes.
Employee’s Right to
Return to Work
An employer may
not prevent and employee with a disability-related occupational
injury who can perform the essential functions of his job from
returning to employment because he or she is unable to return to
"full duty". Even if an employee has been designated under
the workers’ compensation law as suffering from a
"permanent" or "total" disability, an employee
still may be able to return to work. Workers’ compensation laws are
different in purpose from the ADA
and may utilize different standards for evaluating whether an
individual has a "disability" or whether he is capable of working.
For example, under a workers’ compensation statute, a person who
loses vision is both eyes, or who has lost the use of both arms or
both legs may have a "total permanent disability," although
he may be able to work.
The ADA requires
that an employer make reasonable accommodation to the known physical
or mental limitations of an otherwise qualified individual with a
disability, unless the employer can demonstrate that the
accommodation would impose an undue hardship. The ADA
does not require an employer to provide a reasonable accommodation
for an employee with an occupational injury who does not have a
disability as defined by the ADA.
An individual
with a disability-related occupational injury that qualifies under
the ADA
is entitled to return to his or her same position unless the employer
demonstrates that holding open the position would pose an undue
hardship. However if an employee can no longer perform the essential
functions of his or her position, with or without a reasonable
accommodation, the employer need not offer the individual his or her
former job, but can instead offer and equivalent vacant position in
terms of pay, status, etc., or if no vacancy exists can offer a lower
graded position for which the employee is qualified absent undue
hardship to the employer’s business. If, however, there is no vacancy
the ADA does not require an employer to create a new position or to
bump another employee from his or her in order to reassign an
employee who can no longer perform the essential functions of his or
her original position, with or without a reasonable accommodation.
Light Duty
The term
"light duty" has a number of different meanings in the
employment setting. Generally, "light duty" refers to
temporary or permanent work that is physically or mentally less
demanding than normal job duties. Some employers use the term
"light duty" to mean simply excusing an employee from
performing those job functions that he is unable to perform because
of an impairment. Light duty may also consist of particular positions
with duties that are less physically and mentally demanding created
specifically for the purpose of providing alternative work for
employees who are unable to perform some or all of their normal
duties.
The ADA neither
prohibits nor requires employers to create light duty positions for
disabled workers or employees injured on the job. However, the ADA does require the employer to make a
reasonable accommodation which would enable an employee to work, if the
employee to work, of the employee has a disability as defined by the ADA. Therefore,
if an employer creates light duty positions for employees with
occupational injuries, he may also be required to provide similar
light duty positions for employees with non-occupational
disabilities. Whether or not this is required will depend upon the
specific facts of each case. However, whether or not it offers light
duty, and employer must provide other forms of reasonable
accommodation to disabled employees required under the ADA. Fore
example, and employer may restructure positions by redistributing
marginal functions which an individual cannot perform because of a
disability, provide modified scheduling, or reassign an employee with
a disability to an equivalent existing vacancy for which he or she is
qualified.
III. The Family and Medical Leave Act
The Family
and Medical Leave Act of 1993 ("FMLA") generally requires
employers to grant eligible employees up to 12 weeks of unpaid leave
in ant year for any of the following reasons:
The birth of the
worker’s child;
Initial placement
of a child with the worker for adoption or foster care; including
required court appearances, counseling sessions, etc.;
To care for the
worker’s immediate family member (spouse, child, or parent) who has a
serious health condition;
Or to care for
the employee’s own health condition.
Definition of Serious
Health Condition
For FMLA
purposes, a "serious health condition" is an illness,
condition, or impairment that involves:
Any period of
incapacity or treatment in connection with in-patient care;
Any period of
incapacity requiring absence from work for more than three days and
involving continuing treatment;
Continuing
treatment for a chronic or long-term condition or fore prenatal care.
An eligible
employee under the FMLA is one who:
Works for an
employer who employs fifty or more workers;
Has been employed
by that employer for at least twelve months; AND
Has worked a
minimum of 1,250 hours for that employer during the 12 months
immediately preceding the leave.
Intermittent Leave and
Reduced Leave Under The FMLA
Under some
circumstances, employees may be permitted to take FMLA leave
intermittently. This may allow an employee to take leave in several
blocks of time rather than in one continuous period of time, or to
work under a reduced work schedule by reducing the number of hours
they
work per day or week.
Substitution of Paid
Leave
Employees are
entitled to substitute paid vacation or personal leave time for FMLA
leave:
- for the
birth of a child or for the care of that child;
- for
placement of a child for adoption of foster care;
- to care for
an immediate family member with a serious health condition.
Employees are
entitled to substitute vacation, personal time, and/or medical or
sick days for FMLA leave for the following reasons:
- to take care
of the employee’s own serious health condition;
- to take care
of an immediate family member with a serious health condition,
if the employer’s policy permits the use of sick time for this
purpose.
If an employee
take paid leave of absence, an employer may designate that leave as
FMLA leave and count it against the employee’s twelve week FMLA
entitlement if the paid leave is taken for an FMLA qualifying reason.
The employer must notify the employee that it is designating the
leave as FMLA leave within two business days after becoming aware
that the leave is being taken for an FMLA qualifying reason.
Unions generally
maintain that employers may not require employees to use up or
substitute paid vacation and personal days as part of their FMLA
leave entitlement. According to Unions, personal and vacation leave
are contractual benefits, and the FMLA does not permit an employer to
reduce preexisting contractual benefits. Therefore, employees are
entitled to these paid days plus twelve weeks of unpaid leave. The FMLA
also prohibits an employer from requiring an employee on workers’
compensation leave to use up his or her paid leave.
Maintenance of Benefits
During FMLA Leave
All covered
employers are generally required to maintain health coverage for an
employee on FMLA leave whenever such insurance was provided before
the leave was taken, and on the same terms that would have existed if
the employee had continued to work.
Return from FMLA Leave
In general, and
employee returning from FMLA leave must be restored to his or her
original job, or to an "equivalent" job with equivalent
pay, benefits, and other employment terms and conditions.
Actions Prohibited by
the FMLA
It is unlawful
for any employer to interfere with, restrain, or deny the exercise of
any right provided by the FMLA.
It is unlawful
for an employer to discharge or discriminate against any individual
for opposing any practice or because of any involvement in any
proceeding relating to FMLA.
IV. Conclusion
This booklet was
designed to provide you with a brief summary of your rights and
obligations under the Defense Base Act, the ADA and FMLA. These laws, and the
interaction between them, are complicated. You may require expert
assistance and/or advice in the event of a work disabling injury or
disability. If you are injured or become ill, and need advice,
contact your Union, the Department
of Labor, or an attorney.
If you have further questions about the Defense Base Act,
contact David M. Linker, Esquire, at dlinker@FreedmanLorry.com
or call (888) 999-1962.
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