Four Common Mistakes to Avoid When Filing a DBA Claim

The U.S. government and military rely heavily on civilian defense contractors. According to a recent report, nearly 53,000 U.S. contractors were in the Middle East in 2019, compared with 35,000 U.S. troops. Civilian defense contractors often face the same risks and exposure as military personnel without the protection and benefit of V.A. services.

However, civilian contractors can secure benefits through the Defense Base Act (DBA). The DBA provides workers’ compensation benefits for qualifying employees who suffer injuries in the course of or arising from employment and death benefits to eligible survivors of employees killed in the course of employment or causes stemming from employment. Securing benefits through the DBA requires strict compliance with procedural, evidentiary, and substantive laws. An experienced DBA attorney can help injured workers avoid common mistakes and ultimately secure benefits.

1. Missing the DBA Statute of Limitations

Injured workers must file their DBA claims within one year after their injury or illness. However, those diagnosed with an “occupational disease” caused by employment have two years to file their claim. Barring certain limited exceptions, those who fail to meet this requirement may waive their right to DBA benefits.

2. Failing to Report Income

A part of the DBA claims process requires that the injured worker report all of their income. An attorney can help claimants ensure that they report the full extent of their income, including the following:

• Salary,
• Bonuses,
• Per Diems,
• Stipends,
• Paid medical and housing, and
• Travel reimbursements.

Failing to disclose income can cause a delay or denial of DBA benefits.

3. Speaking with an Insurance Adjuster

Typically, a DBA claimant’s employer’s insurance provider will contact the injured worker for a statement. While the insurnace adjuster may purport to need this information to process the claim, in reality, the insurance company’s priority is its financial standing. As such, these adjusters may use any information from the worker to limit their benefits. DBA claimants should consult with an attorney before making any statement to their employer’s insurnace company.

4. Disclosing Full Medical Records

In most cases, the DBA insurnace company will request the worker’s medical records. Some unsuspecting injured workers may give the insurance company full authorization to access their complete medical records. However, this unfettered access to a claimant’s medical records can create problems with processing and approval. An attorney can help claimants determine what disclosures are necessary for their DBA claim.

Contact an Experienced DBA Attorney Today

If you or someone you know suffered injuries or an illness while working as a civilian contractor abroad or on a U.S. government contract, contact the experienced DBA attorneys at Friedman, Rodman & Frank, P.A. The lawyers on our team have an extensive history of successfully recovering compensation and DBA benefits for our clients. In addition to DBA claims, our firm handles complex actions involving Camp Lejeune, the Jones Act, and Longshore Act. These cases require a comprehensive understanding of complicated federal statutes. Contact our office at 877-448-8585 to schedule a free initial consultation with a DBA attorney on our team.