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Understanding Hostile Force or Person [Employee Compensation]: A Legal Overview
Definition & Meaning
The term "hostile force or person" refers to any individual or group that is engaged in actions against the United States or its allies during a conflict. Specifically, it includes:
Any nation or its subjects involved in a war against the U.S. or its allies.
Any group engaged in armed conflict with the U.S. or its allies, regardless of whether a formal declaration of war exists.
Military forces from any origin involved in conflicts in countries where individuals covered by the War Hazards Compensation Act are stationed.
Table of content
Legal Use & context
This term is primarily used in the context of workers' compensation laws, particularly under the War Hazards Compensation Act. It applies to claims made by employees of U.S. contractors who suffer injuries or disabilities due to hostile actions while working abroad. Understanding this term is essential for navigating legal procedures related to compensation claims.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee working for a U.S. contractor in Iraq suffers injuries during an armed conflict with insurgents. They may be eligible for compensation under the War Hazards Compensation Act due to the hostile environment.
Example 2: A contractor's employee in Afghanistan is injured in a skirmish between U.S. forces and local militia. This situation also qualifies as exposure to a hostile force. (hypothetical example)
Relevant laws & statutes
The primary law governing this term is the War Hazards Compensation Act (WHCA), which provides compensation for U.S. employees injured or killed in hostile actions while working for government contractors abroad.
Comparison with related terms
Term
Definition
Key Differences
Hostile Force
Any entity engaged in conflict against the U.S.
Focuses on actions against the U.S. or allies.
Combat Zone
Area where active military operations occur.
Refers to geographic locations rather than entities.
War
A state of armed conflict between different nations or groups.
More formal and typically involves declarations.
Common misunderstandings
What to do if this term applies to you
If you believe you have been affected by a hostile force while working abroad, consider taking the following steps:
Document your injuries and the circumstances surrounding them.
File a claim under the War Hazards Compensation Act.
Consult with a legal professional for assistance in navigating the claims process.
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