Injury Claims under the Defense Base Act

Individuals who work overseas for the government often experience exposure to various traumatic events that can cause emotional distress and trigger psychological conditions. In some cases, these conditions go unnoticed until after the worker is re-deployed. These situations bring up many issues for contractors attempting to collect benefits under the Defense Base Act (“DBA”).

Second-Injury Claims

Under the DBA, second-injury claims refer to claims that occur when a worker experiences reinjury to an existing or priory injury. These claims are typically compensable under the DBA; however, they are costly and preventable. In an effort to reduce second-injury claims, many employers require their contractors to undergo a pre-deployment health screening.

Many employers use pre-deployment health screenings by purporting that screenings can identify at-risk workers and prevent serious injury. However, issues often arise as research suggests that these pre-deployment screenings often weakly mean vulnerability and may result in discrimination. It is important to note that those who have a pre-existing injury or experience an aggravation of injuries are entitled to benefits through a second-injury claim.

Aggravation Injuries

Although the DBA covers new injuries and aggravation injuries, claimants often encounter challenges when trying to effectuate coverage. The court Wallace v. Cerris Marine Terminals held that if a claimant’s disability stems from the natural progression of a prior injury and would have occurred notwithstanding the subsequent injury, the preceding injury is compensable. The compensable party in these situations is the claimant’s employer at the time of the damage. However, if the subsequent injury aggravates or combines with the earlier injury to result in the worker’s current disability, the subsequent injury is compensable. In these cases, the subsequent employer is responsible under aggravation principles.

Dispute over Coverage

Disputes often arise when the insurer ceases or refuses to pay benefits based on the aggravation rule. In these cases, the new employer’s insurance company must be notified, and an Administrative Law Judge (“ALJ”) will make coverage determinations. The ALJ’s duty requires them to determine whether the second injury falls under the aggravation rule. There is no requirement that the subsequent injury permanently affected the original condition. Instead, worsening a worker’s symptoms is sufficient to establish aggravation.

Establishing a worsening of symptoms requires significant evidence. Claimants can work with an attorney to gather evidence and present a compelling case for coverage. Evidence in these cases typically includes expert testimony from physicians, depositions, medical records, and other evidence that can shed light on the claimant’s condition.

Contacting a Defense Base Act Attorney

Those considering a Defense Base Act claim should contact the experienced attorneys at Friedman Rodman & Frank. The DBA lawyers on our team have a comprehensive understanding of the complex and nuanced laws that govern these claims. We can help you determine whether your injuries fall within DBA coverage and assist you through the process of recovering compensation and benefits. In addition to DBA claims, our attorneys handle claims under the Jones and Longshore Acts. Contact our office by calling 877-448-8585 at any time for a free case evaluation.