Key Considerations for Filing a Claim Under the Defense Base Act After a Construction Accident

Employees working on U.S. government contracts overseas are exposed to unique risks, particularly in the construction sector. The hazards are numerous and varied, from building infrastructure in conflict zones to maintaining facilities on military bases. If you have been injured under these circumstances, the Defense Base Act provides a pathway to compensation. However, navigating the claims process with success will require an in-depth understanding.

What Is the Defense Base Act and Who Does It Cover?

The Defense Base Act (DBA) is a federal workers’ compensation program that extends benefits to civilian employees working overseas on U.S. Government contracts. It is an extension of the Longshore and Harbor Workers’ Compensation Act, designed to provide workers’ compensation benefits to civilian employees working outside the United States on U.S. military bases or under government contracts in support of national defense.

Like workers’ compensation insurance, the DBA applies regardless of fault. It encompasses a broad spectrum of employment scenarios, including the following:

• Construction projects: Workers involved in building or repairing infrastructure for the U.S. military or its allies are entitled to benefits.
• Public works contracts: Employees engaged in projects related to national defense, such as dams, airports, and highways, are covered.
• Foreign Assistance Act activities: Workers engaged in activities funded by the U.S. under the Foreign Assistance Act qualify for DBA benefit
• Military base operations: Personnel employed on U.S. military bases or territories outside the continental U.S. are covered.

What Benefits Are Available Under the Defense Base Act?

The DBA provides a range of benefits for injured workers, including the following:

• Medical benefits: The DBA covers all necessary medical expenses related to the injury, including doctor visits, hospital stays, surgical procedures, prescription medications, physical therapy, and rehabilitation services.
• Compensation for lost wages: If your on-the-job injury prevents you from working, the DBA provides compensation for lost wages in an amount calculated based on your average weekly wage prior to the injury.
• Permanent disability benefits: If the injury causes permanent impairment that partially limits your ability to work, you may be eligible for permanent partial disability benefits. If you cannot return to any form of gainful employment due to impairments related to the injuries, you may be eligible to receive permanent total disability benefits.
• Death benefits: In the event of a tragic fatal injury, the DBA provides death benefits to the surviving dependents of the deceased worker. These benefits include a percentage of the deceased’s average weekly wage and coverage for funeral and burial expenses.

What Are the Challenges of Navigating the DBA Claims Process?

Although the Defense Base Act is designed to protect injured workers, filing a claim for benefits is rarely straightforward. The process involves the following critical steps, each with its own set of challenges:

Initiating the Claim

To begin with, one must file Form LS-201 to provide notice to your employer as soon as possible and within 30 days of the date of the injury, or provide notice to your employer of the injury.

Next, submit Form LS-203 – Employee’s Claim for Compensation, to the U.S. Department of Labor, Office of Workers’ Compensation Programs. This form requires detailed information about the accident, injuries, and employment. The sooner the claim is filed, the better.

The DBA imposes strict deadlines for reporting injuries and filing claims. Failing to meet these timelines can result in denial of benefits. Staying ahead of these timelines is essential to ensure no filing date is missed.

Dealing with Insurance Company Challenges

Insurance carriers that handle DBA claims are in business for profit and may employ various strategies to minimize their payouts. Being prepared and responding appropriately is crucial. An experienced DBA attorney handling your claim can increase your chances of receiving the benefits you deserve. The following are common insurance company tactics:

• Disputing the work-related nature of the injury
• Questioning the necessity of certain medical treatments
• Proposing lowball settlement offers

What Is the Value of Experienced Legal Representation?

Although it is possible to navigate the DBA claims process independently, the process is so complex that ensuring your rights are protected by legal representation can significantly impact the outcome. Hiring a seasoned DBA lawyer can be beneficial in the following ways:

• Expertise in legal nuances: A DBA attorney understands the intricacies of the law, knows how to navigate the system, and can guide you through the process, ensuring compliance with all requirements.
• Advocacy in disputes: If you are faced with challenges or denial of your claim, a skilled lawyer can advocate on your behalf, negotiating with insurance companies and representing you in hearings before an administrative law judge if necessary. Insurance companies are more likely to take your claim seriously if you have legal representation.
• Maximizing compensation: Experienced legal counsel can help identify all potential benefits under the DBA and ensure you receive the full compensation to which you are entitled.

Act Now to Protect Your Rights

DBA claims come with very strict deadlines. If you have been injured in a construction accident while working overseas under a U.S. government contract, it is essential to act quickly. At Benner Law Firm in San Diego, we have extensive experience resolving Defense Base Act injury cases. We can investigate the incident that caused your injury and help you provide evidence that gives your DBA claim the best chance of being approved. Our firm offers a free strategy session. Contact us today at 714-497-2544.