Common Challenges in Defense Base Act Claims and How to Overcome Them
If you’ve suffered an injury while working under a U.S. government contract overseas, you may be entitled to benefits under the Defense Base Act (DBA). However, navigating the claims process can be daunting. Many workers face challenges that make securing compensation more difficult than expected. Understanding these hurdles and how a skilled DBA lawyer can help is key to ensuring you get the benefits you deserve.
Misunderstanding Eligibility for DBA Coverage
One of the most common misconceptions about the Defense Base Act is who qualifies for coverage. The DBA applies to civilian employees working on U.S. government contracts abroad, including those employed by private companies providing military or public works services. Many workers are unaware that even injuries sustained during off-duty hours, as long as they are in the “zone of special danger,” may qualify for compensation.
If you’re unsure whether your injury qualifies under the DBA, consulting an experienced lawyer can provide clarity. They’ll review the specifics of your case and ensure your claim is filed correctly to meet legal requirements.
Dealing with Denied Claims
It’s not uncommon for insurance companies to deny initial DBA claims. Common reasons include disputes over whether the injury was work-related, failure to report the injury in a timely manner, or inadequate documentation. A denied claim doesn’t mean you’re out of options—it simply means you’ll need to appeal.
An experienced DBA lawyer can build a strong appeal by gathering medical evidence, obtaining expert opinions, and presenting a compelling case to demonstrate your eligibility for benefits. They understand how to navigate the complexities of DBA claims and fight against insurers who prioritize their bottom line.
Navigating the Appeals Process
Appealing a denied claim can be an overwhelming process. The DBA requires injured workers to follow strict timelines and procedures, which can be difficult for someone unfamiliar with the system. Missing a deadline or submitting incomplete paperwork can derail your case.
With a lawyer by your side, you can avoid these pitfalls. From requesting a hearing with the Office of Workers’ Compensation Programs (OWCP) to presenting your case before an Administrative Law Judge (ALJ), your attorney will handle the legal intricacies while you focus on recovery.
Securing the Full Range of Benefits
Many workers are unaware of the full scope of benefits available under the DBA. These include coverage for medical expenses, lost wages, and vocational rehabilitation. Insurance companies may try to limit the compensation you receive by undervaluing your claim or pressuring you to settle for less than you deserve.
A dedicated DBA lawyer will ensure you pursue every benefit to which you’re entitled. They’ll negotiate on your behalf, calculating your lost earning capacity and ensuring your future medical needs are accounted for.
Why You Need a DBA Lawyer
The DBA claims process is complex, and the stakes are high. Working with an experienced DBA lawyer can make all the difference. They’ll protect your rights, advocate for your interests, and guide you through every step of the process. At Friedman Rodman & Frank, we have a proven track record of helping injured workers secure the compensation they need. Contact us today for a free consultation to discuss your case.