Can You Reopen a Closed Defense Base Act Claim?

When you’ve been injured while working overseas under a U.S. government contract, the Defense Base Act (DBA) provides vital benefits for medical treatment and lost wages. But what happens if your injury worsens after your claim is resolved—or if new issues arise later? Many workers ask whether they can reopen a closed DBA claim. The answer is yes, in some circumstances, but the process can be complicated.

Why Reopening a Claim May Be Necessary

Injuries don’t always heal as expected, and some medical conditions only become apparent months or years later. For example:

• A contractor treated for back injuries may later develop nerve damage requiring additional surgery.

• A worker with PTSD might find their symptoms worsen long after returning home.

• An employee exposed to chemicals may later develop respiratory problems.

In these cases, the benefits you received at the time of your initial claim may no longer be enough to cover your current needs.

Legal Grounds for Reopening a Claim

The DBA is based on the Longshore and Harbor Workers’ Compensation Act, which allows claims to be reopened if there is a change in your medical condition or if there was a mistake in determining your benefits. Specifically:

• You can petition for modification within one year of the last compensation payment if your condition changes.

• If your disability worsens and you can no longer work, you may qualify for a higher level of benefits.

• If your condition improves, the insurer may also request a modification to reduce benefits.

It’s a double-edged sword—so legal representation is critical.

What Evidence Do You Need?

Reopening a DBA claim requires strong evidence, such as:

• Updated medical records from treating doctors.

• Expert testimony linking your worsened condition to the original work injury.

• Documentation showing new or increased disability.

Without this proof, insurers will argue against reopening the claim.

Challenges You May Face

Insurance companies often resist reopening claims because it means paying more in benefits. They may argue:

• Your condition is unrelated to your original injury.

• Too much time has passed since the initial claim.

• Your worsening condition stems from unrelated lifestyle factors.

Overcoming these defenses takes experience and careful preparation.

Why You Need a DBA Lawyer

A knowledgeable DBA attorney can:

• Review your old claim and current medical evidence.

• File the necessary paperwork within strict deadlines.

• Counter insurer arguments aimed at cutting off or minimizing your benefits.

Reopening a claim is not simple, but with the right legal help, you can secure the benefits you need.

At Friedman Rodman & Frank, we understand that injuries evolve over time. If your DBA claim was closed but your condition has worsened, we can help you explore your options. Call us today at 1-877-448-8585 for a free consultation.