Understanding DBA Claims That Reach Settlement Agreements

The Defense Base Act (DBA) was created to offset the dangers associated with contractors and subcontractors deployed overseas. For contractors and subcontractors who are injured while working overseas, the DBA provides them with health insurance and the opportunity to receive a disability rating. U.S. government contractors and subcontractors overseas, regardless of citizenship, are covered by DBA insurance if they are injured. Jobs or positions generally do not matter, meaning if you are a mechanic, a janitor, or even a welder, if you work on a U.S. base and get hurt, you can likely file a DBA claim.

Why Are Some DBA Claims Rejected and Some Rejected?

In DBA claims, the Department of Labor serves as an arbiter of settlements between contractors and Employers. All settlements must be approved by either the appointed District Director or an Administrative Law Judge. No DBA settlements can be approved without the consent of both parties, including the injured worker. The Department of Labor reviews and monitors each case to determine that the injured worker has arrived at a level of medical permanency and that they don’t require substantially more medical care than is being agreed upon. Due to the nature of DBA injuries and claims, future medical care is often quantified and settled in these agreements.

Cases can even be settled despite the Employer denying the case or accusing the worker of fabricating injuries. It’s important to remember that the Employer and the insurance carriers rely on denying claims and denying payments as part of their financial models. Insurance carriers will go as far as to have claimants and workers investigated to determine if the claimant’s injuries are as extensive as they claim. It is vital to know that an injured worker is never forced to settle in their case. Options presented to workers even include private mediation, where experienced mediators familiar with the DBA help the parties reach a settlement agreement.

Many DBA cases must be litigated, including those where benefits have been completely denied. Unfortunately, the process is incredibly slow, and the system is overloaded. Sometimes an injured worker will elect to settle their case instead of waiting the entire period for their case to come up for a hearing. While there are pros and cons to both approaches, there is no one-size-fits-all approach, and each case requires individual attention and consideration to determine the best path forward.

Do You Need Help with Your Defense Base Act Claim?

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.