How to Approach Filing a DBA Claim
The Defense Base Act (DBA) was enacted on August 16th, 1941. The DBA serves as an extension to the federal workers’ compensation program that protects longshoremen and harbor workers. The DBA is administered by the United States Department of Labor (DOL) and extends medical care and workers’ compensation benefits to civilian employees of defense contractors injured during the scope of their work at overseas United States defense bases and other public works.
What is the DBA Filing Procedure?
Filing a DBA claim is similar to the process of filing a normal workers’ compensation claim. The first requirement is to inform an immediate supervisor of the injury. Once the injury is reported, an official notice of injury should be documented in an LS-201 form. Following that, medical treatment should be offered to the contractor. The contractor should always be entitled to treatment by a physician of their choice and should ask the employer for an LS-1 form, which authorizes medical treatment. Additionally, the contractor is required to file an LS-203 claim form with the Office of Workers’ Compensation Program within a year of the injury or the last workers’ compensation payment, whichever is later. If a contractor is suffering from an occupational illness or disease, such as exposure to toxic substances, the contractor has a two-year deadline to contact the employer to file a claim.
What Benefits are Available Under the DBA?
The benefits available under the DBA are extensive and include disability and medical compensation for employees injured during the scope of their work performed on behalf of defense contractors working for U.S. interests outside of the United States. Additionally, death benefits are available for eligible survivors of the contractor if the employee passed during the course of their employment. Total disability compensation is two-thirds of the contractor’s average weekly earnings, but the compensation is capped at a maximum weekly rate. The maximum rate is adjusted every fiscal year. Partial loss of earnings can also be compensated under the DBA. Death benefits are paid out to survivors of the contractors at a rate of one-half of the employee’s average weekly earnings. Depending on the size of the family, larger families could be eligible for up to two-thirds of the average weekly rate of the employee but is capped at the maximum weekly rate.
Do You Need Help with Your Defense Base Act Claim in Florida?
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.