Appealing a Defense Base Act Claim Denial

The Defense Base Act (DBA) provides compensation for disability or death to those employed at military, air, and naval bases outside of the United States. The Senate and House of Representatives enacted this Act to extend the federal workers’ compensation program. Those working overseas face many challenges, and injuries or illnesses only enhance the problematic working conditions. In these cases, the DBA entitles certain workers to full benefits. However, entitlement to the benefits does not mean that every claim receives approval. In some cases, a claimant may receive a denial of a viable and valid claim.

The Benefits Review Board may deny a viable claim because of a filing or notice defect. For example, they may deny a claim because the claimant failed to provide enough evidentiary support. Moreover, those who miss a filing deadline may risk a denial. Finally, in some cases, a reluctant employer or insurance company may deny a claim to maintain their financial position.

Those who have received a denial should contact an attorney to ensure that they secure the benefits the law entitles them. There are various technical and statutory reasons that the United States Department of Labor denies claims. However, unlike other court systems and administrative agencies, there is inconsistency in approaching an appeal before the Benefits Review Board and the U.S Court of Appeals.

It is beneficial to retain an attorney to file a claim; however, individuals who received a denial should consult an attorney to discuss the best possible path to relief. An attorney may request an informal conference in front of the Office of Workers’ Compensation. This step requires claimants to include the appropriate forms. Next, negotiations with an insurance company may avoid the need for lengthy and contentious litigation. However, in some cases, litigation may be necessary. An attorney can represent claimants in a trial before an Administrative Law Judge in those situations. Finally, if the case is unsuccessful at trial, an appeal to the Benefits Review Board or U.S. Court of Appeals may be appropriate.

Regardless of the reason for the denial, it is unquestionable that those who suffer injuries while working overseas deserve to secure the benefits the law entitles. Those encountering challenges with their DBA claims or appeals should contact an attorney to discuss their rights and remedies.

Defense Base Act Appeal Attorney

Those who have suffered injuries or experienced illnesses while working overseas on a military base should contact the DBA attorneys at Friedman Rodman & Frank. The Defense Base Act attorneys on our team consistently fight for the rights of workers injured overseas. Our firm handles initial claims and appeals for those who served and suffered injuries in Iraq, Afghanistan, Japan, Qatar, Cuba, Guam, Kuwait, and Haiti. Our attorneys can assist individuals in obtaining medical care and securing compensation benefits. The lawyers on our team provide personalized attention to all of the firm’s clients. Contact our office to learn more about your benefits by calling 877-448-8585.