Workers' Compensation and Subrogation

War Hazards Compensation Act

The War Hazards Compensation Act sets employee benefit standards consistent with the Longshore and Harbor Workers’ Compensation Act. All U.S. government contractors and subcontractors are required by federal law to obtain workers’ compensation coverage for civilian employees who work overseas. The War Hazards Compensation Act provides full federal reimbursement of contractor costs for injury or death claims related to “war-risk hazard” pursuant to a workers’ compensation claim. The main purpose of the War Hazards Compensation Act is to shift the costs of overseas workers’ compensation from contractors and subcontractors to the United States government.

Due to the large number of contractor employees currently serving the military in Iraq and Afghanistan and their frequent exposure to “war-risk hazards” or detention by a “hostile force,” employers and insurance carriers for these employees are anticipating an increase in claims for injuries and deaths caused by military or terrorist actions.

The handling of War Hazards Compensation Act claims has been a natural fit for our firm, given our broad experience with Longshore claims, as the Defense Base Act incorporates the Longshore Act’s remedies.

Claims arising under the Defense Base Act and War Hazards Compensation Act have been of growing importance as a result of the war on terror being waged in Iraq and Afghanistan.  The handling of War Hazards Compensation Act claims has been a natural fit for our firm, given our broad experience with Longshore claims, as the Defense Base Act incorporates the Longshore Act’s remedies.  We handle Defense Base Act claims worldwide, as well as handling reimbursement claims under the War Hazards Compensation Act.

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