How Contractors Can Get Help on Denied Prescriptions

Maitland, Florida and Cocoa Beach, Florida attorney Brian Wiklendt lead counsel for Garfinkel Schwartz explains in a video how U.S. Department of Defense civilian contractors who have been injured or who get sick can get help when their prescriptions and medical care get cutoff by insurers.

You may watch the video on the Garfinkel Schwartz YouTube Channel called "How Contractors Can Get Help on Denied Prescriptions."

Getting Cut Off From Prescriptions That You Need

If you're taking a medication that you need and you're told by an insurer that you're no longer covered for it, you're facing either a huge medical bill or a battle with an insurance company. Insurance companies only profit when they're not paying for your health care and benefits. They're skilled in saying no, delaying paperwork, preventing you from getting the medicine you need.

Insurers must be shown that you mean business and you can start by hiring a Defense Base Act law attorney. Legal assistant and medical researcher Bennett Garfinkel talks about the challenges that he's personally faced after being turned down for prescriptions that he needs. Insurers are equal opportunists: they turn down as many people as possible. Battling insurance companies is not something that you should take on by yourself.

Together, Brian and Bennett and the Garfinkel Schwartz staff fight for your denied medical care and benefits that you are owed through the Defense Base Act law.

Our Staff Will Contact You When You Call

Call for a consultation, to ask questions, to get answers 24 hours a day. Brian Wiklendt or legal assistant Doreen Cabral, a member of the Garfinkel Schwartz staff, will get back to you--if we cannot answer personally--as soon as possible. If you leave your name or number it is in confidence.

Your identity, your phone, your e-mail, your questions are held in the strictest of confidence even if you don't hire us. We look forward to hearing your story and finding out what happened to you.

We travel to you if we do take on your case and fly across the country to where you are recovering and healing. We can meet with you wherever you live.

Garfinkel Schwartz is committed to helping one family at a time. Maitland, Florida and Cocoa Beach, Florida offices. 1-800-393-2999.

Defense Base Act Covers Third Country Nationals

Hi, my name is Brian Wiklendt and I'm a Defense Base Act law attorney for Garfinkel Schwartz in Cocoa Beach, Florida and Maitland Florida. But I travel around the country and have talked with and worked on behalf of clients from around the world.

As a lawyer, a counselor, I have heard a lot about what happens to people who are working overseas in war zones.

From Iraq, to Afghanistan there many thousands of brave people from all walks of life who I consider unsung heroes, hard-working men and women who are trying to make a living in some very dangerous circumstances. But when they get sick or they're injured, even killed, they have to fight for the medical care and benefits, compensation that are due to them under the Defense Base Act law.

Contractor Shares Stories of Third Country Nationals

Please read this story as told by an unidentified civilian contractor who has worked in the Middle East and Far East for U.S. Department of Defense as a civilian contractor. He talks about the other employees he has met.

He talks in particular about the plight of Third Country Nationals who are people who are hired and then sent home without receiving medical and financial compensation that is rightfully theirs when they're injured, ill, or are killed working in Iraq or Afghanistan for an employer who is a contractor or a sub-contractor of the U.S. Department of Defense.

"Some employers treat people well. Some don't know about the rights that the Defense Base Act provides. This story explains some of the situations that this contractor has heard of.

"I’ve pretty much grown up and worked overseas most of my life in the Middle East and the Far East.

"Culturally it’s extremely different and as a result there’s a lot things that people other than one’s that have been over there, or and have experienced it’s almost kind of hard to explain to them.

What is a Third Country National?

"But Third Country Nationals or ones that are ones from what we used to could call the third world and pretty much other than the third world, us and Europe and Japan and some of the other first world countries.

"A lot of the labor force comes from these third world countries the Philippines, India, Bangladesh, Africa, a lot of the under developed countries. You’ll have workers that are being exploited willfully going over, because they’ll go over to work for wages that nobody here in the states would even dream of doing.

Unemployment Causes Desperation

"But because of how how bad their prospect is of finding a job back in their home country. They’ll sit and they’ll work and pretty much it will vary but there will be a lot of workers that will send a hundred percent or ninety five percent of all the income that they worked for that month will be sent back to take care of their relatives and remit it back to the countries.

70-80% of the Workforce is Third Country Nationals

"As far as a lot of the unskilled as well as some of the skilled labor that’s being used in for a lot of these contracts in Afghanistan, Africa and Iraq a lot of it’s local hires, local country nationals and the other part is third country nationals and which constitute the vast majority maybe seventy eighty percent of the workforce just because of how cheap they are for labor.

Unaware of the Defense Base Act Law

"The vast majority have never heard of the Defense Base Act and while there’s some that are probably being treated fairly, the vast majority are never being informed of anything if they get hurt. They’re given limited medical attention or what we would consider subpar typically.

"And this is speaking generally. Because some are treated very well. But the vast majority is more comparable with what they’re accustomed to in their own home country.

"But most of them, they’re afraid of losing their job. They’re afraid of losing time away. There’s some companies that will simply replace them.

A Replaceable Workforce

"And if they are unskilled or even skilled labor, they’re easily replaceable. Quite a few times they’ll sit there and they’ll get treatment  shipped out. And if they’re lucky they’ll get a ticket back home.

"But in many cases you’ve got unscrupulous companies that they’ll  just get abandoned and at a drop-off  point and the UAE (United Arab Emirates) is a big example of that.

"You’ll meet a lot of people that are working at jobs well below their level of education of what we would consider. And not just here and now with times being hard.

Ophthalmologist Working as a Waitress

"I don’t know to many other places where you’ll find an ophthalmologist by trade from the Philippines that would gladly work as a waitress so that she can make four hundred dollars a month.

"And that was more appealing to work as a waitress because she couldn’t make four hundred dollars back in the  Philippines even though she’s a trained and licensed ophthalmologist.

"Anyone who’s been over there and you start talking to quite a few of them you’ll find that you’ve got a lot of people that are educated and trained that are working at a lot of jobs that are more manual labor than their level or at their specialty of education."

How the Defense Base Act Helps You

Sand storms carry toxic chemicals left from burn pits in the air.

 These are the horrific physical sacrifices made by the shadow soldiers, the civilian contractors, who work overseas on U.S. military bases alongside U.S. troops:

• Illnesses from exposure to burn pits in Iraq and Afghanistan 
• Mysterylung and respiratory disorders 
• Limb loss from IEDs
• Traumatic brain injury 
• Post-Traumatic Stress Syndrome

Each of these medical conditions experienced by the brave men and women--many who are veterans--employed in war zones in Iraq, Afghanistan, Asia, Africa and other countries for the Department of Defense as sub-contractor.

There's a Law Mandating Medical Care, Compensation

Constrictive Bronchiolitis occurs when toxins are inhaled.

The Defense Base Act Law ensures that medical and financial benefits are provided to protect and cover sick or injured civilian contractors working overseas.

What's a Contractor?

Civilian contractors, also known as private military contractors, PMCs, civilian military contractors, federal sub-contractors have worked on any U.S. military base in Iraq or Afghanistan. When and if they are injured or ill, they suffer while also having to fight for medical care from insurance companies.

U.S. troops have had their own battles for healthcare through the VA. However, civilian contractors are not members of the U.S. military. They are instead hired by U.S. government sub-contractors to support the U.S. troops. Yet when injured or ill, are left to fend for themselves against powerful insurers who only profit when they are NOT paying medical benefits and compensation.

Alone, on their own or even with the help of family or loved ones, the battle for healthcare

Burn pits were outlawed but damaged contractor's lungs.

and compensation can carry on for years after an injury or illness. This is not something that should be handled without legal help. 

What the Defense Base Act Law Covers

The DBA law covers all the legal fees so there is no out of pocket, no upfront, no contingency basis in order to get a lawyer's help.

DBA lawyers are paid by the Department of Labor to defend these men and women’s rights to medical care and benefits.

What is the Defense Base Act Law?

The Defense Base Act is a three-page law passed in 1941 to provide compensation for disability or death to persons employed at Military, Air and Naval Bases outside the United States.

No one breathes clean air in Iraq, Afghanistan sand storms.

The Defense Base Act covers injured or ill employees working as contractors or for a subcontractor holding a government contract with the United States overseas. This is a law covering locations not of the continental U.S. and do not have any state worker’s compensation rights or worker’s compensation benefits.

The DBA Law covers any person under the contract working outside the United States and the reason this coverage and provision is needed is that if you’re injured you receive rights and benefits due you just as if you were injured and then covered under your state’s worker’s compensations rights and statutes.

Defense Base Act Law Firm Garfinkel Schwartz

Florida Defense Base Act Law Firm Garfinkel Schwartz focuses on working with civilian contractors who are covered by the Defense Base Act Law. 

The Defense Base Act Law was created to protect anyone who works for the, is fighting for clients across the U.S. and around the world. Garfinkel Schwartz wants to go after the insurance companies that your employers paid. They relish the battle and have a history of fighting insurers that goes back to 1976.

Why They Fight

The reason that Garfinkel Schwartz fights is so that you can get the necessary medical care

Garfinkel Schwartz flies to clients across the U.S.

and compensation. Garfinkel Schwartz wants to fight so that you can recover, heal and take care of yourself and your family. This is a fourth-generation law firm committed to helping our military, civilian contractors and their families recover, heal and thrive.

It doesn’t matter where you are because Garfinkel Schwartz will fly to you. They’ll find ways to communicate with you. They’ll help you locate medical specialists and doctors in your area so that you can pursue the medical care and benefits that the Defense Base Act Law provides for you.

Don't Fight Without Some Help

If you’re a loved one who is fighting the insurers, filling out paperwork, calling and dialing, begging and battling, stop. You really shouldn’t try to beat them on your own.

You don’t have to call Garfinkel Schwartz. There are DBA lawyers out there, but you should call a highly experienced Defense Base Act Lawyer, (DBA lawyer) because this practice area is not common or well known. Very few lawyers practice DBA law.

What Does the Defense Base Act Cover?

The best news is that you will not pay any legal fees. That’s another part of this law: your legal fees, choice of doctor, medical care and compensation are covered. You’re taken care of after the illness or injury and will only have to focus on healing, recovering.

To recap:

1. You never need to worry about legal or medical costs
2. Just be certain to call a skilled DBA attorney
3. Remember, you never pay for the help
4. The Defense Base Act law provides:

--Medical care

--Compensation

--Your choice of doctor

--Your legal costs

This coverage is for any civilian contractor who has been struggling to receive medical care, compensation, prescriptions, medical evaluation treatments, surgeries, rehabilitation, ongoing care.

You are never alone so don't be afraid to ask for help and you're going to need it. Garfinkel Schwartz is committed to helping one family at a time. 

Garfinkel Schwartz Takes PTSD and Constrictive Bronchiolitis Cases

Brian Wiklendt tackles paperwork for DBA, Longshore clients.

Resourceful and highly skilled DBA attorney Brian Wiklendt brings more than 18 years of legal experience to Longshore Harbor Workers Compensation Act and Defense Base Act law firm Garfinkel Schwartz, P.A.

Brian understands the roller coaster of emotions that clients experience while pursuing DBA cases.

PTSD or Constrictive Bronciolitis 

One of the challeges clients face is in finding a lawyer who will take on a PTSD or a Constrictive Bronchiolitis case.

Garfinkel Schwartz handles many kinds of  PTSD and Constrictive Bronchiolitis cases.

Working with longshoremen and the Longshore Act medical care and compensation rights cases Brian works predominantly with people who have been severely injured and who are very sick.

The ability to pursue a case takes the support of family, friends and an attorney who will come to you and visit you where you're sick, injured and recovering. The phone is the first step, but Brian will fly to any client to meet with them anywhere in the United States.

If you're not feeling up to company or prefer not to have an in-person visit a meeting over Skype can be arranged. There are many ways to meet with Brian from your home to the Maitland office or the Cocoa Beach office. We can easily setup a video conference and you can choose to appear or not appear visually. We'll do whatever you're comfortable with because it's your case and your challenges that we're going to work with.

Compassion for Injured, Sick Clients

Brian has respect and a special compassion for the many people who call him and explain the frustration with legal red tape that they've encountered over the years going after DBA cases alone without an attorney. When they finally give in and call Garfinkel Schwartz the experience can be life changing. Working with a law firm means that Brian will do all the heavy lifting and information gathering.

You as a client can focus on healing, recovery, rehabilitation. Brian will tackle the courts, hearings,

Constrictive Bronchiolitis can occur from burn pit inhalation.

information-gathering and fighting insurers and employers for your case.

Clients with chronic lung illnesses and problems breathing after having worked overseas as a DoD military contractor may have inhaled dangerous poisons and particles.

There are many DoD civilian military contractors who are coming home with mystery illnesses of the lungs that are being called COPD.

However, there are many civilian contractors and veterans who with constant medical research and tests find out that what they actually have is called Constrictive Bronchiolitis. Constrictive Bronchiolitis is an incurable health danger that comes from breathing and inhaling smoke from burn pits.

Brian talks with people who have been disappointed in the inability to find help for DBA claims as DoD civilian military contractors who have PTSD. Garfinkel Schwartz handles PTSD cases including those PTSD cases that are beyond the one year statute of limitations.

Armed with the law, Brian provides intensive reviews of all medical and client case files looking for and compiling the supporting details with the firm’s resources. Together the Garfinkel Schwartz team builds strong cases to support clients’ claims to medical rights that they deserve.

DBA clients have served overseas on U.S. Government bases.

Brian Wiklendt is one of the first voices that you will hear when you call the Garfinkel Schwartz Cocoa Beach or Maitland offices. He will work tirelessly to walk you through the intake process when you call.

When you call, you may only want to get answers to basic benefits questions. You may be calling because you want to vet the firm and find out just how much the legal team has done for Longshoremen and civilian contractors.

No matter what you need to find out, Brian will be there as your Defense Base Act law compensation and Longshore and Act law guide. He can help to find out what you should be getting paid based on the laws vs. what you are being paid by an insurer--one of the first issues addressed with clients.

Brian talks with clients who come in locally with a longshore claim from the Titusville, Cocoa Beach or Port Canaveral Florida area. Brian receives calls from half way around the world with a Defense Base Act claim from Thailand, Kuwait, Lebanon, Iran, Iraq, Afghanistan, Africa and Asia.

No matter how you contact him, Brian will help you along and is listening to what you have been through and pays careful attention to everything that you say.

Finding Out What "Makes" a DBA or Longshore Case

Brian will only compile information to help build cases for clients who decide to move forward with Garfinkel Schwartz. If you need to know how to get started with a claim or just want to ask questions about options that are available to you when you’re injured, Brian will be able to help get you the answers you need.

The most important part of what Brian will do for you is to walk you through the process, helping you with paperwork and finding out how you’re feeling and how the injury or illness is affecting your life.

Brian explains that a lot of insurance companies try to be sneaky and will try to underpay employers’ incredibly loyal workers. A very thorough interview will be one of the first things that he will do when a client begins contact.  The next step is to get as much background information as you can provide. Brian will work to find out whether or not you’re being paid correctly.

When Brian has completed the interview, you'll go through an intake process with paralegal Doreen Cabral's help. She will gather all your information, review your files, read all your background information. She works with Brian who thoroughly reviews all aspects of your case.

Brian will get legal and medical research completed by legal and medical researcher and legal assitant Bennett Garfinkel so that he’s familiar with your case and the issues and problems that you’ve had to tackle.

Brian said he talks with people who call and say “I know that Mr. Schwartz used to handle Longshore cases or I know someone who hired Mr. Schwartz.” I tell them we’re still here, but we’re a different law firm now. We still handle Defense Base Act cases and we still handle Longshore and Harbor Work Act cases. Now it’s a new law firm, Garfinkel Schwartz, P.A., the next generation taking care of clients one family at a time."

Together the Garfinkel Schwartz team will provide you help, one family at a time.