Appealing the Denial of a DBA Claim

Under the Defense Base Act (“DBA”), the U.S. Department of Labor (“DOL”) provides workers’ compensation benefits to civilian employees working overseas on a U.S. military base or under a government contract. However, as with many government programs and benefits, many people experience a denial of their valid claims. Many people do not know that a denial is not necessarily a final answer, and a DBA attorney can provide injured workers with advice and representation through their DBA appeals.

Preventing DBA Denials

Prevention is vital in these cases. Those who file a DBA claim without the assistance of an attorney are more likely to experience legal barriers to recovery. A lawyer can help gather evidence, prepare filings, and present a compelling case for benefits. Crucial evidence in DBA claims includes:

• Accident reports
• Witness accounts of the incident
• Medical treatment records from the accident
• Treatment records following the accidents
• Medical reports supporting disability benefits

An insurance company will approve a claim but offer insufficient benefits in some cases. In these situations, an attorney can help negotiate an appropriate settlement.

Reasons for DBA Denial

There are various reasons why the DOL might deny a valid claim. Denials may stem from simple paperwork or submission errors, or evidentiary issues. The three most common reasons for a DBA denial are:

• Insufficient evidence
• Failure to meet notice and filing deadlines
• Employer or insurer reluctance

These issues can result in lengthy delays that may impact the livelihood of the injured worker. An experienced attorney can evaluate claims and ensure that claims are filed within the parameters of the law. Further, lawyers can assist claimants through the appeals process.

Steps to Take After DBA Claim Denial

After a workplace incident, workers should contact an attorney to discuss their rights and remedies. Some steps after an accident or denial include:

• Filing a DBA claim with the DOL within one year of the incident;
• Requesting an informal conference;
• Negotiating with the insurer;
• Requesting a trial; or
• Appealing an unfavorable ruling.

Each of these steps requires strict adherence to complex evidentiary and procedural rules. The fastest way to receive appropriate compensation is to work with an experienced DBA attorney.

Speak with a Defense Base Act Claim Denial Attorney for Immediate Assistance

If you or someone you know has been unlawfully denied benefits under the Defense Base Act, contact the DBA attorneys at Friedman Rodman & Frank. The lawyers on our team fight for compensation on behalf of injured contractors. The firm handles claims for workers injured while working for the U.S. government overseas. In addition to DBA claim denials, our firm assists in securing medical care and other benefits for the injured worker. Our firm provides personalized attention o our clients and ensures that they receive excellent representation during all parts of their claim. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.