Deciding Between Litigating or Settling a DBA Claim

Over the course of a Defense Base Act (DBA) claim, the claimant will have the choice to either litigate the claim to completion or negotiate and accept a settlement agreement. Both results have advantages and disadvantages associated with them, and each case and claim is specific to the claimant, there’s no one-size-fits-all answer to which is better. Consulting an experienced DBA attorney can make a big difference in the outcome you receive.

Litigating Your Claim

Following a qualified injury, once you have sought out timely and appropriate medical treatment through your chosen doctor or specialist, it is important to file your DBA claim. Throughout the process, it is vital to document your medical history exhaustively. DBA claims are administered by the Department of Labor’s Division of Longshore and Harbor Workers’ Compensation (“DLHWC”). The DLHWC will examine the case and make an initial recommendation regarding your claim and your entitlement to benefits. Before making a recommendation, the parties will typically participate in an informal conference before the DLHWC issues a memorandum. If any party disagrees with the DLHWC’s memorandum, then that party files a Form LS-207 to explain their disagreement.

Following that, either party may refer the case to the Office of Administrative Law Judges, initiating the formal adjudication. This process involves the parties sending discovery requests to one another, taking depositions, and requesting records to verify findings.

Once the parties complete discovery, they participate in a formal hearing before an Administrative Law Judge. After the hearing, the waiting period begins. Decisions can sometimes take years to be handed down by an Administrative Law Judge, and even after a decision is handed down, either party can choose to appeal. Litigating a DBA case can result in the highest possible award of benefits, but is also an extended and lengthy process, sometimes spanning years.

Settling Your Claim

On the other hand, settlements for DBA claims are extremely common. At any point during the course of a DBA claim, the parties may discuss and agree to a settlement. Any settlement agreed upon by the parties must be approved as “reasonable” by the DLHWC or an Administrative Law Judge. Following an agreement, the DLHWC has thirty days to review a settlement, and if it is approved, the DLHWC issues a Compensation Order, giving the employer and carrier ten days to put the settlement money in your hands. If they fail to comply, they are subject to a penalty equal to 20% of the total outstanding sum. Settlements are resolved at a faster clip than DBA litigation, and often result in the claimant receiving their benefits more quickly, though the overall amount can sometimes be lower.

What is the DBA?

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.

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.