Understanding Payment Types Under the Defense Base Act

The Defense Base Act (DBA) was created to offset the dangers associated with contractors and subcontractors deployed overseas in the defense industry. For contractors and subcontractors who are injured while working overseas on U.S. bases and posts, 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 in appropriate circumstances. 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 or post and get hurt, you can likely file a DBA claim.

Types of Harm Under the Defense Base Act

The DBA defines two overarching categories of injury and harm. Specific injuries and general injuries. Under the DBA, specific injuries are defined as either injuries that occurred as a result of a specific event or injuries to extremities. Examples of specific injuries can include anything from brain injuries to ACL tears. The primary factor involved in this determination is if there is an event that caused the injury. Specific injuries have a strict deadline for filing claims. Specific injury claims will only be valid if they are filed within the first 12 months of the event. Documentation confirming this timeline will be required.

The second category is general injuries. General injuries can sometimes be more confusing for claimants because there is no single or specific event that resulted in the condition. General injuries include injuries unrelated to specific events or injuries to the neck, head, shoulders, hips, or torso. Examples include PTSD and cumulative long-term trauma injuries such as chronic back pain from carrying heavy loads. General injuries are also covered by DBA insurance, however, since there is not a specific event causing the condition, the deadline for claims is more lenient than with specific injuries. Claimants can file within one to two years of receiving a diagnosis for a general injury connected to overseas work. This statute of limitations does not begin until there has been a medical exam for the injury after recovering to a maximum improved state. An example of that would include discovering the hearing loss, even if the overseas deployment that caused it occurred five years prior, if the claimant only recently received an audiology exam, the claim is still valid.

Payment Types Under the Defense Base Act

DBA cases and claims more often than not result in settlements. The DBA claims process is frequently drawn out and confusing, and going through such a case is a stressful and complicated process. Average DBA settlement amounts depend on which of the two categories of injury the claim falls into and the relative severity of the injury.

Claimants suffering from specific injuries generally do not receive lump sum settlements. Instead, they receive their settlements paid out on schedule. The specific amount depends on whether the claimant is suffering from a complete disability, a partial disability, a death on the job, and any additional medical coverage to treat the condition for the rest of the claimant’s life. Contractors suffering from complete disability will receive the equivalent of two-thirds of their average weekly earnings for the rest of their lives. Claimants with a partial disability will receive compensation adjusted according to the nature and level of their condition. In the result of a death on the job DBA claim, the child or spouse of the deceased claimant can receive half of the deceased contractor’s weekly wages indefinitely, while if the contractor is survived by two or more family members, the family may also receive two-thirds of the weekly wages from the contractor who passed.

Claimants suffering from general injuries are compensated differently in that they receive their settlements in lump sum payments. The total amount is calculated in a similar manner to the specific injury award factors, including the severity of the condition, weekly earnings, length of contract, age, and date the claimant left service.

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 experienced attorneys at Friedman Rodman & Frank fight to help you recover the damages you deserve. Expenses and injuries sustained while working overseas can quickly become overwhelming, and having a tough roster of DBA attorneys by your side can make a world of difference in the compensation you receive from your claim. Our hard-nosed attorneys have successfully represented injured DBA workers at every stage of their claims, ensuring that they obtain the financial awards 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 877-448-8585 and schedule a free and no-obligation initial consultation with a DBA lawyer.