What Happens After DBA Settlement Approval

Pursuing compensation under the Defense Base Act (DBA) can be a daunting and arduous process. These claims require a comprehensive understanding of complex procedural and substantive laws. Additionally, DBA claimants are often faced with difficult decisions regarding the best avenue for prompt and appropriate recovery. An experienced attorney can help injured workers navigate the DBA claims process and make practical decisions that address their current and future needs.

DBA Claims Process

The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act. It provides monthly compensation and medical benefits to eligible U.S. government contractors who work overseas and surviving family members. In essence, the benefits are similar to the domestic workers’ compensation program.

An attorney can help applicants through all aspects of the claims process. It is important to note that many applicants rely on the information they receive from the insurance adjuster. However, these adjusters work for the benefit of the insurer, not the insured. After reviewing the claim, the adjuster might limit the payout or completely deny a claim. After a denial, an applicant or their attorney can request an administrative hearing.

DBA Settlements

There are alternatives to formal adjudication, and most DBA cases are resolved through settlement. However, the outcome of a settlement can vary drastically. An attorney can ensure that injured workers receive an appropriate and fair settlement from the insurance company.

Most claims settle after the injured worker reaches Maximum Medical Improvement (MMI). MMI refers to the point at which the worker’s condition has stabilized, and further improvement is unlikely. An attorney can consider all factors and negotiate with insurance companies to reach a satisfactory settlement.

After the parties reach a mutually agreeable settlement amount, there are additional steps to take. The parties must provide the Department of Labor (DOL) with the proposed settlement. The DOL will review the settlement and evaluate the following:

• The reason for the settlement
• The applicant’s medical and work history
• The medical records substantiating the current injury or illness
• Itemized accounts of all medical expenses and
• Specific settlement amounts for attorneys’ fees, compensation, and medical expenses.

Additionally, the DOL reviews the claimant’s age, education, employment history, and severity of the disability. Finally, the DOL also considers the applicant’s life expectancy based on actuarial tables. The DOL must find that the settlement is fair before approving it.

Defense Base Act Settlement Attorney

The Florida DBA attorneys at Friedman Rodman & Frank can help with claims for workers injured overseas. In addition to DBA claims, our firm has successfully represented those benefits for injuries and illnesses associated with their work at Camp Lejune. Further, we handle claims under the Jones Act and Longshore Act. We understand the devastating impact an injury can have on workers and their loved ones. As such, we work diligently to secure maximum compensation and benefits for our clients. Our firm represents clients during all stages of their claims, including initial applications, settlement negotiations, litigation, and appeals. Contact our office at 877-448-8585 to schedule a free initial consultation with an experienced DBA attorney on our team.