5 Key Deadlines You Need to Know When Filing a Defense Base Act Claim

If you’ve been injured while working overseas under a U.S. government contract, the Defense Base Act (DBA) provides essential workers’ compensation benefits. However, securing these benefits requires adhering to specific deadlines. Missing any of these deadlines can jeopardize your claim, making it critical to act quickly and carefully.

Here are five key deadlines you need to know when filing a DBA claim.

1. Reporting Your Injury to Your Employer

The first step in any DBA claim is notifying your employer of the injury. Under DBA regulations, you must report the injury as soon as possible, typically within 30 days of the incident. This initial report triggers the claims process, so delays can result in complications or outright denials.

Even if you’re unsure of the severity of your injury, report it immediately. Failing to do so can give the insurance company grounds to dispute your claim.

2. Filing Form LS-201: Notice of Employee’s Injury or Death

After reporting your injury, your employer must file Form LS-201 with the Office of Workers’ Compensation Programs (OWCP). While this is technically your employer’s responsibility, it’s a good idea to ensure it has been submitted. This form sets the stage for processing your claim.

Employers are required to file this form within 10 days of receiving your injury report. If they fail to do so, it could delay the process and potentially harm your case.

3. Submitting Form LS-203: Employee’s Claim for Compensation

If you decide to pursue DBA benefits, you must file Form LS-203. This form officially notifies the OWCP of your intent to claim compensation. While there is a one-year statute of limitations, it’s best to file as soon as possible. The sooner you file, the sooner you can access the benefits you need.

4. Responding to a Denial

If your claim is denied, you have the right to appeal. To initiate the appeals process, you must request a formal hearing with the OWCP or the Office of Administrative Law Judges (OALJ). This request must typically be filed within 30 days of receiving the denial.

An appeal is your chance to present additional evidence and argue your case. Missing this deadline can make it nearly impossible to challenge the denial successfully.

5. Requesting Medical Treatment or Wage Reimbursement

DBA benefits include coverage for medical treatment and lost wages, but these must also be requested promptly. For medical reimbursement, you may need to file within 90 days of receiving treatment. For wage loss, you’ll need to provide documentation within a similar time frame.

Submitting these claims late can result in unnecessary delays or denials, so stay on top of all required documentation.

Why Deadlines Matter

DBA claims are subject to strict rules, and insurers often look for reasons to deny claims. Missing a deadline—even by a day—can give them the opportunity to avoid paying you the benefits you deserve. Staying organized and acting promptly are essential.

If you’re unsure about any of these deadlines or need help filing your claim, Friedman Rodman & Frank is here to assist. Contact us today for a free consultation to ensure you meet every deadline and secure the compensation you’re entitled to. You can reach us at 1-877-448-8585 or through our secure online contact form.