DBA Best Practices: Approaching DBA Depositions As a Worker Claimant

What is the Defense Base Act?

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 broad, covering all service contracts and full-time employees at American defense bases throughout the world. A frequent question about the DBA revolves around the deposition process for DBA claims.

DBA Depositions

Following the filing of a DBA claim for injuries sustained on the job or other qualifying DBA criteria, claimants will be scheduled to have their deposition taken. It is natural to have questions about the process, especially as having your deposition taken is not a common experience. Here is what to expect. In such cases, a deposition is an informal court process where an attorney representing the claimant’s employer will question the claimant regarding the claim while they are under oath.

This is your opportunity as the claimant to tell your story on the record. Despite the fact that the deposition does not occur in a courthouse, it is still a legal proceeding, and the claimant is sworn in by a court reporter and answers questions under oath. As a result, testimony provided during a deposition carries the same weight as if it was said in a courtroom before a judge. Subsequently, testimony given during a DBA deposition must always be completely truthful. During the deposition, the employer’s attorney will ask a wide range of questions, including employment history, family information, and medical history. This is all in an effort to obtain as much information from the claimant as possible on the record so any contradicting information provided later can be discredited.

If your DBA claim goes to trial, the deposition information will be presented to a judge to determine if you, the claimant, are credible. That is why it is so important to tell the truth during the deposition, and truthfully answer that you don’t know if you cannot recall the answer to a question during the questioning. An easy way to avoid making misstatements during a deposition is to answer using the words “yes” or “no” and to only provide additional information if you are asked to follow up. Having an attorney guiding you through the process is extremely beneficial and could help your DBA claim in a significant way.

Do You Need Help with Your Defense Base Act Claim?

If you or someone you love has or is considering filing a DBA claim, let the DBA 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 ultimately receive. Our experienced attorneys have successfully fought on behalf of injured workers at every stage of their claims, ensuring that they obtain the financial compensation that they deserve. With our team, you can have faith that your DVA 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 an experienced DBA lawyer.