How to File a Successful Defense Base Act Claim After a Workplace Injury
The Defense Base Act (DBA) provides vital protections for civilian employees working on U.S. military bases or under U.S. government contracts abroad. If you are injured while performing your duties overseas, the DBA allows you to file a claim to receive compensation for medical expenses, lost wages, and disability. However, filing a successful DBA claim can be challenging, and any mistakes could delay or reduce your benefits. Understanding how to navigate the claim process is crucial for securing the compensation you deserve.
Who is Covered Under the Defense Base Act?
The DBA covers civilian employees working on U.S. military bases or under contracts related to national defense or public works outside the United States. This includes contractors working in war zones, those employed in overseas construction, or anyone supporting U.S. military operations. If your job requires you to work abroad on behalf of the U.S. government, you are likely covered under the DBA.
Injuries that occur during your employment, including physical injuries, illness, or even mental health issues related to the job, are covered under the DBA. Whether you suffer from a serious accident or a work-related illness, you have the right to pursue compensation for your medical treatment, rehabilitation, and lost wages due to your inability to work.
Steps to Filing a Defense Base Act Claim
If you’ve been injured while working under a U.S. government contract overseas, you must follow specific steps to ensure your DBA claim is processed successfully:
- Report your injury. After a workplace injury, report it immediately to your employer or supervisor. The DBA requires that the injury be reported within 30 days of the incident. Failing to do so may affect your ability to file a claim.
- Seek medical attention. Obtain medical care as soon as possible, even if your injury seems minor. Accurate medical documentation is critical to your DBA claim, as it helps establish the extent of your injuries and the treatment needed.
- File a claim. Submit a written claim to the Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Your claim must be filed within one year of the injury or the date you first discovered the work-related illness. The OWCP will review your case and determine your eligibility for benefits.
- Gather documentation. Ensure that you have all the necessary documents to support your claim, including medical records, accident reports, and witness statements. Thorough documentation strengthens your claim and improves your chances of receiving full benefits.
- Consult an attorney. The DBA claims process can be complex, especially when dealing with an injury or illness.
Working with an experienced attorney who handles Defense Base Act claims can help you avoid common pitfalls and maximize your compensation.
Types of Compensation Available Under the DBA
If your DBA claim is successful, you may be entitled to several forms of compensation:
- Medical treatment—coverage for all necessary medical treatments related to your injury or illness, including hospital stays, surgeries, rehabilitation, and ongoing care;
- Disability benefits—compensation for lost wages during your recovery period. If you are permanently disabled, you may also receive long-term disability benefits;
- Death benefits–if a DBA-covered worker dies due to a work-related injury or illness, their surviving family members may be eligible for death benefits to help cover funeral expenses and provide financial support.
Challenges in the DBA Claims Process
While the Defense Base Act is designed to protect workers, the claims process can be difficult. Insurance companies may attempt to deny your claim or offer lower benefits than you deserve. Delays in processing your claim can leave you without the medical care or income you need to recover.
An experienced DBA attorney can help you overcome these challenges by guiding you through the claims process, ensuring that all paperwork is filed correctly, and advocating on your behalf if your claim is denied or disputed.
Do You Need Help with Your Defense Base Act Claim?
If you are considering filing a Defense Base Act claim, let the attorneys at Friedman Rodman & Frank fight to help you recover the compensation you deserve. Our experienced attorneys have successfully represented injured workers at every stage of their claims, ensuring that they obtain the compensation that they deserve. If you have questions about your case, call us today at 877-448-8585 and schedule a free and no-obligation initial consultation with a DBA lawyer.