According to the United States Department of Labor (DOL), Defense Base Act (DBA) is a program that offers workers’ compensation coverage to civilian workers outside the U.S who work in US military bases and other U.S government projects.
This program is part of the part of the Division of Longshore and Harbor Workers’ Compensation (DLHWC).
So, whether you’re injured in Iraq, Afghanistan, or another country, you can use the DBA insurance to file a claim. You can make this entire process easy by working with as a DBA attorney.
Read on to learn more.
1. How to Handle the Case
Since you got injured while overseas, handling a DBA case can be a complicated process to manage. However, you can initiate the process by first reporting to a senior officer who ranks above you. A written email or letter is the advisable way to submit your report. Make sure you keep a copy.
If an insurance adjuster requires you to give and sign a statement, don’t do it in the absence of a DBA attorney. It’s also advisable not to work with a doctor your adjuster referred to you. If you’re given a nurse case manager, don’t allow them to arrange your treatment.
2. Work with a DBA Attorney
In some cases, your claim can be denied or disputed, but working with a reliable lawyer can help. In this case, they’ll work with the adjuster to solve the claim. The adjuster works for the insurance company, so anything wrong you say can be used against you.
It’s the responsibility of your lawyer to review and document you claim to ensure accurate filing. They’ll also help you to gather evidence, including your work history with your contractor. You need to have all your medical records; both for treatments you received in the US and overseas.
If there were any witnesses during the incident caused your injuries, they can really come in handy. This includes doctors, nurses, friends, co-workers, and anyone at the scene.
3. Pursuing a Lawsuit in Court
If the case proceeds to court, a lawyer who understands the DBA law system is your ideal choice.
In some cases, victims tend to hire a local workers’ comp lawyer, and this may not be a good move at all. You want a lawyer who understands the ins and outs of the DBA system. Plus, the experience is also crucial.
During the court proceedings, remember to provide the true account of how the incident happen. List all the injuries and limitations that were only caused by the incident. Do not complicate things for your lawyer by fudging the details, and this will certainly lead to losing the case.
Your lawyer will inform you beforehand what to expect and how to respond to particular jury questions.
The DBA system works slightly different from the typical workers’ compensation system. When you’re a contractor, and you’re injured overseas, you’ll need to work with a DBA attorney to get the right compensation for your loses.
If you want to learn more or you have specific questions, feel free to reach out to us.