DBA Claim Issues: Claimant Credibility

The Defense Base Act (DBA) is an extension of the 1941 U.S. Worker’s Compensation Program that was enacted to provide coverage for employees working outside of the U.S. for American employers. The policy allows employees to receive compensation while working at U.S. military bases in a national defense or diplomacy capacity, or as a civilian working on an American federal military contract. The DBA insurance program is expansive, covering all service contracts and full-time employees at American defense bases throughout the world. One of the most frequent questions about the DBA revolves around the statute of limitations on DBA claims.

Claimant Credibility

As soon as a claim for benefits under the DBA has been filed, either by you or your attorney, your actions and statements can be used against you. It is vital to remember that you must stay consistent in your reporting throughout the claims process. Whether that is in statements made to a doctor, statements on the record, reporting injuries, or even when casually discussing your injury with fellow workers, everything needs to stay consistent and true. The most straightforward way to ensure your story is consistent is by telling the truth throughout the process.

Prior to filing a DBA claim, most claimants speak with a doctor about their injury and the potential causes. Though it may seem counterintuitive, the constituency in your reporting must begin here. From the onset of the reporting process, the details matter, even prior to the filing of the DBA claim itself. Such doctor visits will be recorded in medical reports and likely referred to throughout the proceedings. The pre-claim doctor report can be used to establish the basis for a worker’s injuries, linking the harm to the employer. Such reports will be examined throughout the DBA claim process and vetted for accuracy and consistency. It is likely that statements made during litigation will be cross-referenced against statements made during this period of time.

Additionally, some DBA claimants are subject to an independent medical examination performed by a doctor chosen by the defense. That doctor will cross reference any initial doctor reports and medical records. The independent medical examination will likely engage in testing and examination to ensure that the claimant is not overexaggerating symptoms or injuries to bolster their claim.

If a case reaches litigation, attorneys from the defense will question claimants on the record and through written discovery about their injury and employment. There will likely be depositions, where the claimant is required to testify under oath to questions from the defense. Answers given during deposition will be cross-referenced with answers provided through written discovery and in prior records. Finally, if a DBA case goes to a formal hearing, the claimant will be sworn in under oath and must testify in court about the claim and related issues up to that point. The administrative law judge then assesses the credibility of the claimant and the claim, arriving at an independent judgment based on the evidence at hand. It is vital to a DBA claim that the claimant has credibility throughout this process, and the easiest way to establish that is by telling the truth and maintaining a consistent narrative.

Do You Need Help with Your Defense Base Act Claim?

If you or someone you love has or is considering filing a Defense Base Act claim, let the attorneys at Friedman Rodman & Frank fight to help you recover the damages you deserve. Expenses and injuries sustained on the job can quickly become overwhelming, and having an experienced roster of DBA attorneys by your side can make a world of difference in the compensation you receive. Our experienced attorneys have successfully represented injured workers at every stage of their claims, ensuring that they obtain the compensation that they deserve. With our team, you can have faith that your claim is being pursued properly. If you have questions about your case, call us today at 877-627-5116 and schedule a free and no-obligation initial consultation with a DBA lawyer.