What to Do After a Disputed DBA Claim

Civilian contractors working for the U.S. government or on a military base have certain workers’ compensation protections under the Defense Base Act (DBA). While some exceptions exist, these benefits apply to citizens and foreign workers. However, these protections are not guaranteed, and many injured workers face an uphill battle to secure their lawful benefits. An experienced DBA attorney can help claimants obtain the full range of benefits the law entitles.

What Benefits Does the DBA Provide?

Under the DBA, qualifying injured workers may be entitled to disability compensation, payment for lost wages, and reimbursement for medical treatment. The amount of compensation is relative to the injured workers’ past and future medical expenses and the likelihood of long-term disability. The compensation is not dependent on whether the injury or fatality occurred during work hours. Typically, compensation for total disability is two-thirds of the worker’s average weekly income, up to the current maximum. The current maximum is $1,833.98, and the minimum is $458.50. Additional benefits may be available to the worker’s survivors.

Disputed or Denied DBA Claims

In some cases, an injured worker’s employer or DBA insurer will dispute a worker’s DBA claims. There are various reasons why an insurer or employer might deny a claim; however, unfortunately, many stem from the insurer’s desire to maximize their financial standing. In addition, an employer or DBA insurer might dispute a claim because of a reason such as the following:

• The employer questions the veracity of the worker’s incident report;
• The insurer believes there are contradictory accounts of the incident or medical condition;
• The worker is not entitled to DBA coverage; or
• The insurer needs more time to investigate the claim adequately.

In these cases, the worker’s employer may file a Notice of Controversion of Right to Compensation. These forms indicate that the employer denies responsibility for the incident. It is critical that injured workers consult with an attorney if they receive notice that their employer is disputing their DBA claim.

During a dispute or after a denial, an injured worker’s attorney can take steps to resolve the issue in the worker’s favor. These steps include the following:

• Requesting an informal conference;
• Negotiating with the employer or insurer;
• Requesting a trial;
• Appealing an unfavorable decision.

These cases are fact-specific, and an experienced attorney will work with their client to determine the best course of action for their specific situation.

Talk to a DBA Claims Attorney for Disputed or Denied Claims

If you or someone you know has received a denial or dispute after filing a Defense Base Act (DBA) claim, contact the DBA attorneys at Friedman Rodman & Frank. The experienced DBA attorneys on our team have a long history of successfully representing injured workers in their workers’ compensation claims. We comprehensively understand the various federal evidentiary and substantive laws governing these matters. In addition to DBA claims, we handle cases involving Camp Lejeune and the Jones Act. Contact our office at 877-448-8585 to schedule a free initial consultation with our DBA attorneys.