Beginning a Claim and Understanding the Statute of Limitations Under 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 and how to begin the claims filing process.

Beginning the DBA Claims Process

While filing a DBA claim can be a complicated and prolonged process, having an experienced DBA attorney can make for a smoother filing. The best way to ensure prompt payment and compensation is to adhere to all the filing deadlines and make sure all the appropriate documentation is in place and submitted in a timely manner. Following an eligible workplace accident, the eligible DBA employer should receive prompt notification of the employee’s workplace accident. The employer will then have 10 days to file an Employer’s First Report of Injury form with the U.S. Office of Workers’ Compensation Programs. In sum, the DBA claims process begins almost immediately following an accident. Outside of life-threatening injuries, it is important to file a DBA claim as fast as possible so as to secure fair compensation. As you begin the process, it is also vital to maintain all relevant medical records and documentation around the injury.

DBA Statue of Limitations – How Much Time is There to File?

Generally, you have one year after an injury to file a claim under the DBA. There are certain circumstances that permit the deadline to be extended, but this is the common rule of thumb. Following a qualifying injury experienced on-site, an employee usually has one year to file a claim before the statute of limitation kicks in. In most cases, an injured worker must enter their claim within the statute of limitations period to receive medical benefits, reimbursements, disability payments, and or other forms of compensation resulting from their claim. One common exception to the one-year statute of limitation is for employees who contracted an occupational disease in the course of their work. Such claims have valid a two-year period to enter DBA claims. In such cases, the date used to calculate the two-year statute of limitations does not begin until a medical diagnosis connecting the disease to the workplace is received. Frequent examples of occupational diseases include, but aren’t limited to, post-traumatic stress disorder, cancer, and other diseases that can take long periods of time to develop or show symptoms.

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.