Employment Law Cases

Whistleblowers are individuals, usually associated or formerly associated with an organization or legal entity (typically a business corporation or government agency) who report or expose wrongdoing, violations of law, and/or fraudulent or dangerous behavior within or by the legal entity. In other words, whistleblowers are those who attempt to expose illegal or unethical acts committed by a company or agency. They may do so by contacting a lawyer, working with law enforcement, or simply testifying at a trial.

Persecution and Advocacy

As one might expect, the term whistleblower carries several conflicting connotations. Many people view whistleblowers as courageous, upstanding citizens who risk their own livelihood for the public good. A minority, however, may see whistleblowers as underhanded snitches in search of personal glory and fifteen minutes in the limelight.

These conflicting impulses have led to a sort of whistleblower crisis in modern society. Many corporations or government agencies have a predictable, self-interested tendency to retaliate against whistleblower employees. These individuals may be passed over for promotion, ostracized from important meetings, shunned by superiors and peers, fired from their jobs, or even taken to court on exaggerated charges. Although such actions are technically prohibited under a number of federal employment laws, they are nonetheless a common reaction to whistleblowing.

In response to the persecutions faced by whistleblowers and the difficulties of proving retaliation in court, several organizations have developed to promote whistleblower advocacy and provide funds and expertise for whistleblowers to rely on. These groups, such as the National Whistleblower Center, the ACLU, and the National Whistleblower Security Coalition, have worked to raise awareness of whistleblower injustice in both public and political arenas.

Enforcement of Whistleblower Laws

The first step for a whistleblower who feels discriminated or retaliated against is typically contacting the Occupational Safety and Health Administration (OSHA). This agency is responsible for investigating retaliation cases and acting upon them if they have merit. If a complaint is found to be valid, OSHA may issue an order to the offending employer or agency, instructing them to rectify the problem by reinstating the employee, paying wages owed, and ceasing any discriminatory behavior.

In many cases, however, whistleblowers must take action on their own. Private legal action may often be the only way to force an employer or organization to stop retaliation against a whistleblower.

Following 9/11, thousands of American workers signed on with companies who contracted to aid in U.S. efforts in Iraq and Afghanistan. Many of these people paid dearly for that decision.

Tragically, many of these workers became injured while overseas. Adding to their difficulties, many of these injured workers, who put themselves on the line working in support of the American mission,faced steep medial expenses and loss of income as they recovered.

Some of these workers lost their lives, leaving their spouses and family in financial crisis. Many others who are unable to work watch their family’s savings and assets dwindle, and their security disappear.

A law exists to ensure fair workers compensation for these people. This law is known as the Defense Base Act. Unfortunately, too few people in need of its protection understand their own rights under the law. Even fewer know what to do to guarantee those rights.

Recuperation can be difficult enough without mounting bills, the threat of bankruptcy, and an inability to get proper medical care and rehabilitation. That’s to say nothing of the financial threat to the families involved.

The Defense Base Act requires that contractors working with the U.S. Military in war zones carry worker’s compensation insurance. This type of insurance is compulsory for organizations employing U.S. citizens or residents, and all employees or subcontractors hired on overseas government contracts.

These companies have been known to fail to inform their employees of their rights under the law. In numerous cases, insurance carriers have refused valid claims, thus leaving the injured party- who had taken the risk to supported the American mission- to face financial ruin.

Fortunately, Federal law provides a genuine solution, though unfortunately few injured workers know how to apply it. The Defense Base Act is part of the Longshoremen and Harbor Workers’ Compensation Act, and covers to employees of government contractors working overseas under contract to the United States Government.

To be specific, the Act pertains to workers employed by companies contracting to perform public works for the U.S. government in U.S. territories, or at U.S. military bases located outside the continental United States, in support of military aid programs within allied nations. The Act protects workers, even in situations that are not overtly dangerous, such as building embassies.S. government buildings abroad. As with domestic workers compensation laws, the Act covers medical treatment and compensation for defense contractors employees injured in the course of employment.

For thousands of American workers injured abroad, the Defense Base Act has provided support them under devastating circumstances. Claims under the Act have been successfully filed by many individuals, including some contact workers injured in Korea, VietNam, both Iraq wars, Afghanistan, and elsewhere. All of these come under the general coverage of the Act.

The Defense Base Act mandates that any injured worker should be confident of having an attorney at his side to ensure a just outcome. Both injured workers and family member of someone who has died from job injuries overseas are covered. Compensation can be given for partial loss of earnings, and in a case of death substantial death benefits are commonly paid to surviving family.

To their great relief, injured workers and their family discover that they they are not responsible for attorney fees under the Act. The Defense Base Act requires that all attorney fees depend entirely on the amount of money the claimant receives. No outrageous legal fees are possible. The fees are awarded by the Department of Labor,and are never included in any other compensation to the claimant. The injured party does not pay the lawyer out of his or her compensation. Instead,compensation is awarded to the attorney by the court, and paid by the insurance company or the original employer.

American civilians working in support U.S. military and U.S. State Department objectives continue to experience difficult injuries to this day.

For these injured civilians, the key to success in securing just compensation under the Defense Base Act is finding the right lawyer. This is a highly specialized area, and familiarity with standard Workman’s Compensation Law is simply inadequate. Claimants are advised to find a Defense Base Act attorney with years of experience and success with these claims.