Understanding Statute of Limitation Restrictions for Defense Base Act Claims

What is the Statute of Limitation on a Defense Base Act Claim?

Generally, you have one year after your injury to file a claim under the Defense Base Act (DBA). There are certain circumstances that permit the filing deadline to be extended, but in most cases, the claimant has a year. Following an injury experienced on-site that qualifies for DBA coverage, a claimant usually has one year to file a claim before the statute of limitation kicks in, preventing them from filing. In most cases, an injured claimant must initiate their case within the statute of limitations period to receive medical benefits, reimbursements, disability payments, and or other forms of compensation resulting from their claim.

One common exception to the one-year statute of limitation is for employees who contracted an occupational disease in the course of their work. Such claims have a valid two-year period to enter DBA claims. In such cases, the date used to calculate the two-year statute of limitations does not begin until a medical diagnosis connecting the disease to the workplace is received. Frequent examples of occupational diseases include, but aren’t limited to, post-traumatic stress disorder, cancer, and other diseases that can take long periods of time to develop or show symptoms. It’s important to remember that cases and circumstances can vary, so it’s vital to consult with an experienced DBA attorney as soon as you think you have a claim to ensure you receive the money you deserve.

How to Start the DBA Claims Process

While filing a DBA claim can be a complicated and prolonged process, having an experienced DBA attorney can make for a smoother filing. The best way to ensure prompt payment and compensation is to adhere to all the filing deadlines and make sure all the appropriate documentation is in place and submitted in a timely manner. Following an eligible workplace accident, the eligible DBA employer should receive notification of the employee’s workplace accident and will have 10 days to file an Employer’s First Report of Injury form with the U.S. Office of Workers’ Compensation Programs. In sum, the DBA claims process begins almost immediately following an accident. Outside of life-threatening injuries, it is important to file a DBA claim as fast as possible so as to secure fair compensation.

What is the DBA?

The DBA covers civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. It’s designed to provide workers’ medical treatment and compensation protection to those injured in the scope and course of employment. The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act of 1927. The Longshore Act was originally designed to cover dock and maritime workers when they weren’t covered by the Merchant Maritime Act, which guaranteed seamen some kind of compensation if they were injured at sea. The DBA now honors that tradition in a more modern sense by providing coverage for civilian employees working outside of the U.S. on military bases.

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.