Understanding War Hazard Act (WHA) Subrogation Claims

 Wednesday, December 2, 2020

 Matthiesen, Wickert & Lehrer, S.C.

Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. 901-950.

The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal Employment Compensation Act (FECA). 5 U.S.C.S. 8101-8193.

The Defense Base Act (DBA) is an extension of the LHWCA. 42 U.S.C. 1651 – 1654. It provides disability compensation and medical benefits and death benefits to employees of U.S. government contractors who perform work overseas. With a few exceptions, the DBA incorporates the provisions of the LHWCA. The War Hazards Compensation Act (WHCA) applies to DBA employees who are injured as a result of hostile actions. 42 U.S.C. 1701 – 1717. While WHCA claims can be substantial, the statute provides a detailed set of procedures and requirements which, if performed properly, allow the employer or carrier to see 100% reimbursement of such claims including allocated and unallocated expenses—not from a responsible tortfeasor, but from the government itself. It’s as close as you can get to free money, if done correctly.
Workers' CompensationSubrogation
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