Overseas Civilian Contractors

News and issues relating to Civilian Contractors working Overseas

KBR, Halliburton Won’t Face Trial in Iraq Convoy Driver Deaths, Judge Priscilla R Owen Says

The Defense Base Act’s Exclusive Remedy “A License to Kill”

The Exclusive Remedy was intended to be trade off to keep injured contractors from having litigate with their employers when they are injured.  As it turns out the employers are off the hook and the injured contractors fight for years for medical care and lost wages from private insurance companies, AIG, CNA, ACE

AIG has fought the survivors and families of those killed like they were common criminals for the death, medical, and lost wages that were to be provided “forthwith”.

And no one believes this could happen until it happens to them and their family.

Bloomberg  January 12, 2012

KBR Inc. (KBR) and its former corporate parent, Halliburton Co. (HAL), won’t face a jury on claims they sent unarmed civilian convoy drivers into an Iraqi battle zone in 2004, knowing the workers would be injured or killed, an appeals court ruled.

The U.S. Court of Appeals in New Orleans today ruled the drivers’ claims were blocked by the Defense Base Act, a U.S. law that shields military contractors from lawsuits. The drivers were attacked and injured because of their role in support operations for the U.S. Army, which is covered under that statute, the judges said.

“Coverage of an injury under the DBA precludes an employee from recovering from his employer,” even if the worker claims the company was “substantially certain” the injuries would occur, U.S. Circuit Judge Priscilla R. Owen said in a 30-page ruling by the panel.

KBR, a Houston-based government contractor, was sued in 2005 by the families of seven drivers killed while working inIraq for the largest U.S. military contractor. The company appealed a 2010 lower-court ruling that jurors could weigh the companies’ actions without second-guessing the actions of the Army.

Unarmed Civilians

U.S. District Judge Gray Miller, who presided over the case in Houston federal court, refused to dismiss Halliburton, which spun off KBR as a separate company in 2007. Miller had also ruled that the companies couldn’t name the military as a co-defendant in the lawsuits, so the Army wasn’t required to defend its actions.

The drivers and their families claimed KBR officials fraudulently recruited workers for safe jobs in Iraq and intentionally sent unarmed civilians into a recognized combat zone in April 2004. KBR’s military-supply contract gave company officials the right to refuse assignments deemed too dangerous for civilians, according to the complaints.

KBR and Halliburton argued that they weren’t liable because they couldn’t refuse Army orders to dispatch the fuel convoys under terms of their multibillion-dollar supply contract with the U.S. military. The convoys were attacked at a time when Iraqi insurgents were escalating the fight against U.S. troops that had taken over the country to oust dictator Saddam Hussein.

The case is Fisher v. Halliburton, 10-20202, U.S. Court of Appeals, Fifth Circuit (New Orleans).

January 12, 2012 Posted by | Civilian Contractors, Contractor Casualties, Defense Base Act, Halliburton, KBR, Legal Jurisdictions, Safety and Security Issues | , , , , , , , , , , | 2 Comments

Defense Base Act Class Action

Statement concerning filing of class action for fraud and bad faith against KBR, DynCorp, Blackwater, G4S/Wackenhut/Ronco Consulting, CNA Insurance, AIG Insurance and others who conspired to deny benefits to severely injured contractors and to harm them further

Scott Bloch  files complaint for $2 billion against major government contractors like

KBR, Blackwater.XE,  DynCorp, G4S/Wackenhut/Ronco Consulting and the global insurance carriers AIG, CNA, ACE and Zurich, on behalf of thousands of former employees, for unlawful, fraudulent and bad-faith mistreatment of injured employees and their families   

WASHINGTON, DC (September 26, 2011)

Since 2003, top government contractors like Blackwater, KBR, DynCorp, CSA/AECOM and ITT have been perpetrating a fraud on their employees and on the American public. 

The silent warriors who work for these companies, many of them decorated former military service members, have been injured, mistreated and abandoned by the contracting companies and their insurance carriers who have been paid hundreds of millions of dollars in premiums.

“It is a grave injustice,” Bloch said, “to those who rode alongside American soldiers, including Iraqi and Afghani Nationals, to be case aside without the benefits of the law.  We are supposedly trying to bring them the rule of law.  We are supposedly trying to encourage them in democratic institutions. 

We are the ones asking them to believe in justice and individual rights. 

This is a travesty to all Americans and those around the world who look to America for an example of humanitarian aid and proper treatment of workers.”

This is a lawsuit for damages in the amount of $2 billion to remedy the injuries and destruction caused to the lives, finances and mental and physical well being of thousands of American families and others whose loved ones were injured while serving America under contracts with the United States. 

It seeks an additional unspecified amount to punish the companies who made massive profits while causing this harm to people unlawfully and maliciously and working a fraud on the American public who paid them.  
“This abusive and illegal scheme by the defendants has been allowed to go on for too long. 

We are talking about loss of life, suicide, loss of homes, marriages, families split up, “ Bloch said, “and the culprits are the large government contractors who should have treated their employees better, and the mega-insurance companies who were paid a hefty sum to make sure the employees were taken care of with uninterrupted benefits in the event of injuries in these war zones.”
This complaint is filed due to actions and omissions of defendants, in conspiracy with others, and individually, to defeat the right of American citizens and foreign nationals to receive their lawful benefits and compensation under the Defense Base Act (“DBA”),  as it adopts the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).  
The lawsuit explains that those sued engaged under the RICO statute in an enterprise of fraudulent and or criminal acts to further their scheme to defeat the rights of individuals who have been injured or suffered occupational diseases, and death, while on foreign soil in support of defense activities under the DBA.  

These acts were perpetrated repeatedly through bank fraud, mail fraud, wire fraud, using telephones, faxes, and United States mail .
 “These are heroes, decorated by America’s Armed Services,” said Bloch. 

“Some of the foreign contractors were decorated special forces soldiers from their countries who assisted the United States in combating threats.  The sheer disregard for human dignity and law is reprehensible and deserves punishment. 

These families and many others who have been harmed need treatment, need compensation, need redress of the wrongs that have been perpetrated by these huge companies and insurance carriers for the last 10 years. 

They have earned $100 billion per year on the backs of these people, with the blood of these plaintiffs and those whom they represent.”
The complaint was filed in the United States District Court for the District of Columbia and covers individuals from all over the United States, South Africa, Iraq, Afghanistan and other counties.  

Contact Scott J. Bloch, PA:
Scott Bloch, 202-496-1290
scott@scottblochlaw.com

September 26, 2011 Posted by | Afghanistan, AIG and CNA, Blackwater, Civilian Casualties, Civilian Contractors, Civilian Police, Contractor Corruption, Contractor Oversight, Defense Base Act, DynCorp, Follow the Money, Government Contractor, Interpreters, Iraq, KBR, L-3, Legal Jurisdictions, Post Traumatic Stress Disorder, Private Military Contractors, Private Security Contractor, Ronco, Ronco Consulting Corporation, State Department, Traumatic Brain Injury, USACE, USAID, Veterans, Wackenhut, War Hazards Act, Whistleblower | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments

At least 132 Overseas Civilian Contractors Killed in second quarter of 2011

Defense Base Act Case Summary Reports through June 30, 2011

Defense Base Act Death Claims filed from April 1 though June 30      132

Defense Base Act Injury Claims over four days lost                                   1,204

At least 80 Contractors killed in first quarter of 2011

July 6, 2011 Posted by | Civilian Contractors, Contractor Casualties, Defense Base Act, Private Military Contractors, Private Security Contractor, War Hazards Act | , , , , , , , | 1 Comment

Defense Base Act Coverage for US Government Contractors Working in Japan

OWCP News Release March 24, 2011

In the aftermath of the devastating earthquake and tsunami in Japan on March 11, 2011, various agencies of the United States may utilize the services of private contractors to provide humanitarian and other assistance as part of the global relief effort there. Workers for such private contractors are covered under the Defense Base Act (DBA) (except for certain specified instances where the Department of Labor has granted a waiver). Agency contracting personnel and private contractors should ensure that the proper DBA insurance is in place before workers are deployed overseas.

DoD and DoS contracts have been granted a waiver for non US employees.

Please keep in mind that while you must purchase this insurance it cannot be depended on to provide the stated benefits.  The Department of Labor administrates the program but has no authority over the insurance companies.  Employees may go for many years or forever without medical care and compensation.

As this insurance is normally cost reimbursable to the contract, not an expense to the contract company,  we highly recommend no one go on one of these contracts without supplemental insurance being provided. 

See our Defense Base Act Compensation Blog to read about the battle injured contractors and widows must fight for the most basic benefits as stated in the Act.

March 25, 2011 Posted by | Civilian Contractors, Defense Base Act, Department of Defense, Government Contractor, Japan, State Department | , , , , , , , | Leave a comment