What Constitutes a DBA Claim?

What Constitutes a DBA Claim?

Jun 4, 2021 | Defense Base Act, Workers' Comp

The most common type of workers’ compensation, according to federal figures, is those caused by motor vehicles. By that same accounting, the most costly, averaging more than $100,000 in lost wages, is workers’ compensation due to an amputation.

And while many workers’ compensation claims are not as outwardly tragic, they can affect the injured parties in devastating ways. In addition, these claims can be difficult to file and even harder to collect, especially if they are a DBA claim. 

These unique workers’ compensation claims come from an obscure law passed around World War II that protects contractors working overseas. 

Knowing your rights in this situation is important to protect you, your health, and your family’s well-being.

In the following article, we’ll look at what DBA claims entail and some tips for filing them. 

Don’t Wait, Get Medical Attention

Defense Base Act Claims are often the only legal resource contractors have to seek workers’ compensation. Moreover, with so many contractors working for the government overseas, a properly filed DBA claim can become your only financial lifeline.

Just like any workers’ compensation claim, don’t wait to get medical or legal help if you are injured.  

Even if you are concerned about paying for the doctor’s visit or if a DBS claim will get honored, the best thing to do is to get help first. In many cases, you won’t be able to file a claim until you’ve seen a physician first. 

A doctor will best tell you what sort of assistance you’ll need and if follow-up visits or therapy are necessary. This is important information not only for your health but for your DBA claim. 

Ask the physician to keep a record of any medical advice they give and supply you with documentation of your visit, their referrals, and test results. 

Report Your Injury ASAP

As soon as you can, you should report your injury to a supervisor or the appropriate employer representative. When you report, include witness accounts of the injury, if they exist.

You and your supervisor should complete an incident report. For a DBA claim, ask to file an LS-201. This form is also titled the Notice of Employee’s Injury or Death. This is an important document to have on file for protecting your rights.

Keep a copy of the incident report and be prepared to send another to the Department of Labor, OWCP-Longshore in New York. Try to retain all the original documentation, if possible, and keep your own file. 

The DBA Claim Needs Documentation

A DBA claim allows you medical repayment and worker’s compensation under the Longshore and Harbor Workers Compensation Act. However, the filing of the claim and the subsequent compensation may take time. 

While your claim is reviewed, it important to retain all the paperwork necessary for success; among these items will be:

  • Medical records
  • The DBA Claim
  • Injury and incident reports
  • All communication with your company (letters, phone, or email)
  • And any and all wage records

Keeping impeccable documentation will make your claim simpler to obtain and act as proof of your injury and rehabilitation process.

Call an Expert

Even put in the simplest terms, A DBA claim can seem overwhelming to the layman. And navigating the morass of rules that govern workers’ compensation is time-consuming, especially if you are concerned about your health.

You should consider retaining an expert specializing in DBA claims to help you make sure you receive all the money you and your family are due. 

Do you need to file a claim or need help receiving DBA compensation? Contact our legal professionals today for help.