Securing Defense Base Act Benefits Quickly

The Department of Labor, Office of Workers’ Compensation Program (OWCP), in conjunction with the Longshore and Harbor Workers’ Compensation (DLHWC), is responsible for reviewing and administering medical and disability claims for civilian employees injured overseas while working on a U.S. military base or under government contract.

The U.S. government relies heavily upon civilian workers, and as a result, the number of Defense Base Act (DBA) claims has continued to rise. According to the DBA Case Summary Reports Page, DBA claims increased from 366 in 2002 to over 13,000 in 2009.^[1] Thus, it is more important than ever that injured workers consult with an attorney to ensure that their claims receive an appropriate and timely review.

 

Practical Tips for DBA Claims

After an on-the-job injury, employees may not know the best way to approach securing disability and medical benefits. While the DOL provides some guidance on applying for benefits, additional steps can increase an injured worker’s chances of success.

1. Reporting the Injury

After an injury, employees must report their injury to their employer. Even if the notice is given verbally, it is best to follow up with a written account of the incident or condition.

1. Getting Prompt Medical Treatment

Prompt medical treatment is essential for the claim and overall recovery.

1. Retain a DBA Attorney

An experienced DBA attorney can help injured workers determine their rights and remedies under the law.

1. Consult with More than One Provider

Sometimes, an insurance company may assign a particular doctor to evaluate a claimant’s conditions. However, these physicians may be inherently biased. As such, it is best to consult with additional treatment providers.

1. Review Potential Benefits

An attorney can assist an injured contractor in determining what benefits they should apply for and how to best secure a favorable outcome.

1. Prepare for Medical Examinations

In some cases, insurance companies may require an injured worker to meet with an independent medical examiner. In these cases, it is important that the claimant come prepared with evidence to substantiate their injury, illness, or condition.

1. Gather Medical and Occupational Records

Documents such as employment contracts, tax forms, accident reports, and medical records are necessary during the DBA claims process.

1. Attend all Appointments and Legal Proceedings

Although it may be burdensome to attend medical appointments and legal proceedings, the records from these events may be used as evidence during a claim review.

These tips can help DBA claimants achieve favorable results in an efficient matter. The DOL First Quarter Performance Results for 2020 show that the percent of first payments issued in 28 days or less ranges from 56% to 79%. While the number increases by 90 days, this only accounts for approved claims.^[2] Thus, injured workers should contact an attorney to discuss resolving their DBA claims as quickly as possible.

Contacting a Defense Base Attorney

DBA lawyers are crucial to resolving workers’ compensation claims efficiently. The attorneys at Friedman Rodman & Frank have extensive experience successfully representing injured workers in their claims for benefits under the DBA, Longshore and Harbor Workers Act, and Jones Act. We comprehensively understand the various statutory and evidentiary rules that these claims entail. In addition to filing DBA claims, we have achieved favorable results for clients in their DBA claim denial appeals. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.

^[1] https://www.dol.gov/agencies/owcp/dlhwc/FAQ/DBAFaqs

^[2] https://www.dol.gov/agencies/owcp/dlhwc/FAQ/DBAFaqs