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IF YOU WERE EXPOSED TO BURN PITS AS A VETERAN OR A CIVILIAN CONTRACTOR, YOU MAY HAVE A BURN PIT LAWSUIT.
If you are a veteran that was exposed to burn pits while serving overseas or as a civilian contractor, call the Veteran Legal Attorneys now to speak with us about pursuing compensation under the Defense Base Act. Our experienced attorneys are here to help when you are dealing with a respiratory disease, cancer, or other illness linked to environmental exposure.
While our firm primary focus is on veteran claims our law firm also focuses on defense base act and military contractor litigation world-wide. If you were injured as an employee of a civilian contractor while working under a U.S. Government contract anywhere in the world, we are here to fight for the compensation you deserve!
A burn pit is an area on a military base used to burn waste. The U.S. military and contractors commonly used open-air burn pits on military installations in Iraq, Afghanistan, and other areas in the Middle East and Southwest Asia.
They are most often used for small, short-term operations during which the military cannot establish other waste management practices.
Exposure to a burn pit can be harmful, depending on:
The fumes from the burn pit are an airborne hazard, which can contain toxic substances.
When you were exposed to burn pits in Iraq or other nations, you may have breathed in the smoke, gases, sand, dust, and other harmful particles and substances.
It is common for the military and contractors to put all sorts of waste in burn pits, including:
In some cases, the service members or contractors operating the burn pits used jet fuel as an accelerant.
Burning these items creates smoke that may be irritating to your eyes, throat, and lungs. You may have experienced symptoms at that time, and you also could be suffering from a long-term health condition because of persistent exposure to toxic fumes.
The DOD is well-aware that burn pits are harmful. The official policy is that open-air burn pits are prohibited unless no feasible alternative to get rid of waste exists.
As of March 2019, nine U.S.-operated or contractor-operated burn pits existed, including seven in Syria, one in Afghanistan, and one in Egypt.
The U.S. Department of Veteran Affairs has recognized the health risks associated with burn pit exposure. On March 1st, 2022, the VA proposed adding several rare cancers to their presumed service-connected list as related to burn pits on or near military bases.
To further study the connection between burn pits and long-term health effects, such as respiratory conditions and cancer, the VA created the Airborne Hazards and Open Burn Pit Registry. Veterans and military personnel can document their exposure and health concerns in the registry.
The VA is investigating the possible link between exposure to burn pits and development of the following cancers:
The DOD and Veteran Affairs are studying the long-term health effects of exposure to open-air burn pits. Right now, there is no concrete link between specific health conditions and exposure.
That is not to say a link does not exist, but there is not enough information. However, there is enough information to be concerned, to support further studies, and to reduce the use of burn pits.
After exposure, short-term burn pit symptoms include irritation of the eyes, throat, nose, and lungs, nausea, and headaches. You may experience burning, itchy, dry, or teary eyes. You may deal with congestion, a sore throat, coughing, sneezing, and other respiratory issues.
These symptoms often go away soon after your exposure ends.
Long-term effects from exposure can vary significantly depending on what was burned and the duration of exposure. The VA admits you may experience long-term effects related to your skin, eyes, respiratory system, liver, kidneys, central nervous system, peripheral nervous system, cardiovascular system, reproductive system, and gastrointestinal tract.
Most often, burn pit exposure is linked to respiratory problems, autoimmune disorders, and cancers. Many veterans and contractors suffer from asthma, allergic rhinitis (hay fever), bronchitis, sinusitis, and sleep apnea.
If you have been diagnosed with a medical condition that you believe is related to your exposure to burn pits, contact Veterans Legal Group as soon as possible.
In addition to veteran claims we also represent civilian contractors exposed to harmful environments overseas who are now suffering from long-term or permanent health conditions. We will thoroughly investigate the connection between your condition and your work overseas and find any evidence relating the two. We tenacious defend our clients’ rights and will take your case to trial if necessary.
To be eligible for compensation for a burn pit claim you must be a worker covered by the defense base act, which includes if you worked for or on:
Second, a doctor must diagnose you with an injury or condition that you can prove is connected to your work. Workers’ compensation insurance covers conditions that arose out of and in the course of employment. However, there is a significant exception to that second requirement.
The Zone of Special Danger Doctrine, which was created and expanded by the courts, says the Defense Base Act covers your injury if you worked in a foreign setting that exposed you to danger. In other words, if you worked overseas in a dangerous area, like a war zone, then you are covered based on that alone. You do not have to provide evidence that causally links your condition to your work duties.
Through a workers’ compensation claim under the Defense Base Act, you can receive medical, wage, and vocational rehabilitation benefits. When your claim is approved, the insurance covers all reasonable medical care by the doctor of your choice.
The amount of wage benefits you receive depends on your level of disability: temporary total (TTD), temporary partial (TPD), permanent total (PTD), or permanent partial (PPD). In most cases, you can receive two-thirds of your average weekly wage (AWW), up to a maximum weekly rate, or two-thirds of wages lost due to a partial disability.
We recommend working with us to pursue wage benefits. We make sure your insurance provider accurately calculates your AWW or wage loss. If this figure is miscalculated, you may not receive all the disability benefits you are entitled to.
If you have a permanent disability due to your occupational disease, you can receive vocational rehabilitation services.
If your loved one was a civilian contractor and passed away from cancer or another work-related condition, talk with us about pursuing death benefits. As a surviving spouse, you may be entitled to half their AWW if you have one child or two-thirds of their AWW if you have two or more children. You also can receive up to $3,000 for reasonable funeral expenses.
If you have been diagnosed with a medical condition that you believe is related to working with, or near a burn pit, notify your employer right away and request authorization to receive medical care. Make sure your employer completes Form LS-201. Then, call our burn pit attorneys immediately for guidance. We’ll review your work and medical history for free and let you know if we believe you have a claim. And if we accept your case, you pay nothing unless we win.
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Copyright 2022 Veteran Legal Group Org - Helping Former Service Members and Their Families