How to Win a DBA Claim

Winning a Defense Base Act (DBA) claim requires a comprehensive understanding of the substantive, procedural, and evidentiary rules that govern the DBA claims process. The Defense Base Act (DBA) is an offshoot of the Longshore & Harbor Workers’ Compensation Act. Together these Acts provide workers’ compensation benefits to civilian workers working abroad on U.S. military bases or under contract with the U.S. government. Barring certain exceptions, all public works contracts performed overseas must have DBA coverage for their employees. The Act applies to U.S. citizens and foreign nationals, commonly called “local hires.”

Filing a Successful DBA Claim

Even though the DBA provides benefits to qualifying workers, there is no guarantee that an insurer will approve a claim or provide appropriate compensation. An attorney can provide advice, counsel, and representation throughout the DBA claims process.

Generally, successful DBA claims hinge on the first few steps a worker takes after suffering an injury or illness while working overseas. Accordingly, workers should take the following steps to increase the likelihood of success:

• Get medical attention;
• Report any injury or illness to a supervisor or manager in writing;
• Gather and save any communications; and
• Adhere to the procedural and notice requirements of the DBA.

Following these steps is critical to avoiding the common pitfalls many workers experience when securing DBA benefits.

Winning a DBA Claim

Despite the well-recognized importance of workers’ compensation benefits, especially for those working in dangerous areas, many insurnace companies deny lawful claims. There are various reasons why an insurer may deny or contest a claim. However, a denial may occur for the following reasons:

• The insurer does not believe the incident occurred;
• The insurer questions the severity of the injury or illness; or
• The insurer thinks the worker can still work.

Some steps to winning a DBA claim include the following:

• Filing a claim timely and correctly;
• Keeping thorough records of any information related to the incident, injury, or illness;
• Keeping up with medical appointments and relevant treatments;
• Retaining a DBA claims attorney; and
• Engaging in a thoughtful conversation with an attorney regarding appropriate settlements and compensation.

An injured worker’s actions in the days and weeks following an injury will have a long-term impact on their workers’ compensation benefits. Contacting an attorney as soon as possible provides the worker with peace of mind and the best opportunity for success.

Contact a Skilled DBA Attorney Today

The Friedman Rodman & Frank DBA attorneys have extensive experience securing favorable DBA claim outcomes. The lawyers on our team have a comprehensive grasp of the complicated federal laws that govern DBA claims. We work with our clients at every stage of the DBA process, from filing claims, gathering evidence, contacting insurers, and appealing denials. Our office handles claims for injured workers employed in Iraq, Afghanistan, Qatar, Cuba, and many other places worldwide. Time is of the essence, and injured workers should contact our office as soon as possible. Contact our team at 877-448-8585 to schedule a free initial consultation with an attorney at our office.