Hi this is Brian Wiklendt with Garfinkel Schwartz to tell you about Insurers Repaid by Government in War Hazards Act.
Now I’m coming to you today from our Maitland Florida office. We also have offices in Cocoa Beach Florida on the Space Coast on the East Coast of Florida.
What is the War Hazards Act?
I’m coming to you today to explain what is the War Hazards Act? I know that a lot of people don’t know what that is or never heard of it especially most of the lawyers I know socially they’re like, “what on earth is that?”
Well the War Hazards Act works like this in normal regular layman’s terms: if you have a Defense Base Act case you’re an overseas contractor. AIG, or CNA or Zurich or one of those insurance companies is liable to pay the insurance for your worker’s comp–your federal worker’s comp claim.
What is a Subrogation Action?
What happens if they can prove afterwards if they lose the case or if we settle the case, they can prove afterwards and file a separate action which is called a subrogation action. What is a subrogation act?
What that means is they’re, the insurance company, is suing someone else to get money that they pay out. And what that is they file a claim under the War Hazards Act if they can prove that the overseas contractor under the Defense Base Act was in an area of war.
How the War Hazards Act Works
Usually this happens if an IED explosion occurred, if you were on a military base that was attacked, if you were shot, if you fell out of a helicopter and it was in enemy lines, things like that that involve a conflict, then any American citizen is entitled to benefits from the Federal Government directly through the War Hazards Act.
Did You Get Injured in Iraq or Afghanistan?
So what happens is the reason I’m telling you this is that if you’re involved and you get injured say in Iraq or Afghanistan and there’s an area of conflict, sooner or later if we end up settling your case under the Defense Base Act, the Defense Base Act is going to ask us to work on their side so that they can prove their claims so that they can get all or a portion of their money back from the government. And so they’ll end up having to pay nothing.
This happens a lot especially in clients that have PTSD because PTSD is probably usually the things that’ve been seen and witnessed are a part of actor of war.
The things witnessed and the horrible events that people had to go through to develop PTSD is usually in a kind of war or a combat situation.
If You Remember Details, Write Them Down
We Know It’s Not Easy
So what i’m telling you is right off the bat if something happens and you’re involved in a conflict and it seems like a military conflict, the best thing that you can do for your claim is to make sure that you can prove through pictures or otherwise or witnesses and remember exactly where you were. What base you were on? What outpost you were on?
If you can recall your exact location. Because if they can place you at that location and then we can help them prove that there was an actual act of conflict that was recorded to the military or by any other means that the employer knows about that is actually can be that the insurance company can use to get their money back?
Then they’re obviously more apt to work for us than against us once it gets to the litigation level.
We Know You May Not Remember
But of course we understand that you may not remember anything. No details and that’s frustrating. We look for people who were working with you at the base, a co-worker, anything that will help you remember and if you can’t that’s fine because we’ll get to the bottom of it because there’s paper trails.
People don’t tell you that about the War Hazards Act. They don’t really want to advertise that they get all of their money back or that they get most of their money back from the government when they’re supposed to be on the hook for this.
But that’s what the law is. They’re sort of corresponding laws with each other.
So if you have any questions, please call me, Brian Wiklendt, immediately after something happens. If you have my name. If not, just be sure you document exactly where you were, exactly who you think the insurgents were and who was responsible for the shooting or whatever enemy lines you’re in. So we can help the employer and insurance company get their money back.
So in other words at some point and time the case will flip around and they’ll actually be advocating on our behalf because they have to prove that they’re justified in paying us a settlement or justified in going to court and trying the case.
So just a little tidbit, remember that, the War Hazards Act, that’s what it is and again this is Brian Wiklendt, you can call me anytime 24 hours a day signing out here from Garfinkel Schwartz in the Maitland office.