Statute of Limitations for Defense Base Act Claims

The Defense Base Act (“DBA”) has a one-year statute of limitations. As such, under the DBA, claimants have one year after an injury to file a disability claim with the U.S. Department of Labor. However, claimants diagnosed with an “occupational disease” caused by their employment have two years to file their DBA claim. Occupational diseases include those that may develop over time, such as cancers or PTSD. In these cases, the two years begin to run from the date the claimant first becomes aware of the causal connection between their condition, disability, and employment. Those who fail to file a DBA claim within the time period may face objections from their employer. It is important to note that the time limit applies to disability compensation and not medical benefits.

Equitable Tolling under the DBA

In most cases, a court or agency does not maintain the discretion to extend the statute of limitations. However, the doctrine of equitable tolling addresses certain circumstances that warrant the extension of the applicable statute of limitations. Equitable tolling may be appropriate in cases where the claimant does not immediately know they have suffered an occupational injury or illness. Further, equitable tolling addresses bad faith on the part of the employer. For example, equitable tolling may be appropriate where an employer failed to notify a claimant of their rights under the DBA or did not notify the Department of Labor of the employee’s injury.

Employer Conduct

Equitable tolling often applies when an employer fails to post notices about employees’ workers’ compensation benefits. Under the Longshore Act, employers must post Form LS-241, Notice to Employees. Further, when an insurance company offers DBA benefits to an employer, the company provides the employer with the physical form. The letter accompanying the policy benefits includes language that informs the employer that they must post and maintain the form.

Notice rules exist to protect and preserve workers’ rights who may have a limited understanding of their benefits.

Employee Burden

Generally, claimants seeking equitable tolling bear the burden of establishing two primary elements. The elements include proving that:

1. The claimant has been diligently pursuing their rights; and
2. An extraordinary circumstance stood in the way of pursuing those rights.

Applying the doctrines is a fact-specific inquiry that requires an in-depth understanding of relevant statutes. An attorney can help claimants establish these elements and overcome challenges an employer may purport.

Contact a DBA Claim Attorney for Assistance with Your Claim

The Defense Base Act rules and regulations are strict and require a comprehensive understanding of complex doctrines. The DBA attorneys at Friedman Rodman & Frank have expensive experience handling complex cases on behalf of injured workers. In addition to DBA claims, our office handles claims under the Longshore Act and Jones Act. We have successfully represented clients in their medical and disability benefits claims related to their occupation. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.