Every year many individuals are harmed while providing national defense for our country. In 2019 alone, nearly 8500 Defense Base Act claims were filed, which is a significant increase from the year prior.
Unfortunately, the denial of some of these claims is inevitable. If you are facing the denial of your claim, what should your next steps be? What does your Defense Base Act (DBA) lawyer need to do when handling a denied claim?
Read on to learn five things that your DBA lawyer should do when you are denied your Defense Base Act benefits.
Who Does the Defense Base Act Cover?
Under Federal law, all employers of US contractors and subcontractors must supply workers’ compensation coverage for all of their overseas employees.
The Defense Base Act covers:
- Individuals who work for private companies located on US bases
- Those with public work contracts with a government entity
- Those working on contracts that are funded under the Foreign Assistance Act
- Those who work for a US employer that provides welfare services
You have coverage under the Defense Base Act if you fall into any of these categories.
Necessary Steps for Denied Claims
If you are dealing with your denied DBA claim, it is important to contact a DBA attorney right away. Here are 5 things your DBA lawyer needs to do to help you.
1. File the Claim
Make sure that your DBA lawyer has filed the claim with the Department of Labor. In most cases, you have up to one year to file your claim.
2. Request Informal Conference
Have a discussion with your lawyer about scheduling an informal conference. During this meeting, your attorney can try to persuade the Department of Labor to require payment on your claim.
Throughout the process, your DBA lawyer will need to be in touch frequently with the insurance company. The attorney will try to prove why your denial is inaccurate and getting you a settlement for your claim.
Providing proper documentation of injury, health issues, etc., can be a game-changer in moving things in the right direction.
4. Ask for a Trial
If the insurance company does not budge during negotiations and the informal conference did not produce the desired results, then it is time to move on to trial. Trials take place at the Office of Administrative Law Judges.
5. Appeal if Necessary
If your trial does not have a favorable outcome, you should ask your DBA lawyer to appeal the decision. Make sure the attorney you choose is experienced in the entire process of battling a denied claim.
Contacting A DBA Lawyer
The DBA lawyer that you choose is of extreme importance. If your DBA claim has been denied, don’t give up hope or try to go it alone in your clash with the insurance company.
If you need assistance with your claim, contact us today to speak with a knowledgable, experienced attorney.