Understanding the DBA Settlement Process

The Defense Base Act is an extension of the federal workers’ compensation program that covers longshoremen and harbor workers, the Longshore and Harbor Workers’ Compensation Act. It was created to offset the dangers associated with contractors and subcontractors deployed overseas. For contractors and subcontractors who are injured while working overseas, the DBA provides them with health insurance and the opportunity to receive a disability rating. U.S. government contractors and subcontractors overseas, regardless of citizenship, are covered by DBA insurance if they are injured. Jobs or positions generally do not matter, meaning if you are a mechanic, a janitor, or even a welder, if you work on a U.S. base and get hurt, you can likely file a DBA claim.

DBA Settlements

The DBA claims process is often drawn out and confusing, and going through such a case is a stressful and complicated process. In many cases, insurance companies rely on delaying tactics to successfully defend or dispute claims. It is vital to understand that settlements for DBA claims almost always address all issues in the claim, preventing workers from pursuing additional means of recourse once the settlement has been agreed upon. With that in mind, someone filing a DBA claim must have an appropriate settlement amount in mind long before a claim reaches the settlement stage.

Calculating a DBA Settlement

One of the most frequently asked questions about the Defense Base Act (DBA) is how are settlements calculated. Something to bear in mind when it comes to arriving at an accurate DBA settlement is that there is no pre-existing formula to calculate a DBA settlement amount. Unlike personal injury legal cases such as automobile accidents or negligence claims, the Defense Base Act does not consider typical pain and suffering. Instead, a DBA lawyer or an individual filing a DBA claim should prepare a detailed demand package to provide to the DBA insurance carrier.

Settlement demands should include the following components, though no case is exactly the same as another: (1) a summary of the incident that caused the injury, (2) contractor background information, (3) both current paid and unpaid medical expenses, (4) anticipated future and ongoing medical expenses (5) an extensive summary of medical care and injuries including medical records, and (6) lost wages, both past and future. Ultimately, navigating such a nuanced and complex system requires an experienced DBA attorney to maximize the success of a claim.

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 qualified DBA lawyer.