Worldwide Personal Injury Attorney Giving You the Representation You Need for Defense Base Act Cases

Since its earliest days, the United States has maintained a presence overseas. Whether it’s been to defend our allies, protect democracy, or encourage trade, foreign bases have been a vital part of American infrastructure. While many of the people who work on these bases are U.S. military personnel, a large portion are contractors. These contractors are civilians in the employ of companies hired by the United States to carry out work in other countries.

Because they are civilians, these employees are not eligible for the same benefits as members of the armed forces. However, they face many of the same challenges and personal risks as soldiers. This includes being exposed to traumatic circumstances, which may result in Post-Traumatic Stress Disorder.

Because these employees are carrying out work on behalf of the United States, there are still protections in place for them. These protections are outlined in the Defense Base Act (DBA). If you or a loved one are an employee of a US government contractor who was injured while working overseas, you may be eligible for compensation under the DBA.

What is Post Traumatic Stress Disorder?

PTSD is a psychiatric disorder that occurs in people who have experienced dangerous, traumatic, or frightening events. It is most commonly associated with wartime experiences. Because of this, it used to be known by names like Battle Fatigue, Soldier’s Heart, or Shell Shock. While it is most commonly associated with veterans, anyone can experience PTSD due to any disturbing experience. This includes surviving a car crash, witnessing a crime, or the death of a loved one.

PTSD causes individuals to behave in an “out of character” way. They may become withdrawn, depressed, or aggressive. Often, people with PTSD struggle to work or meet family commitments. This can make it difficult for them to lead fulfilling lives. People experiencing PTSD generally demonstrate four different types of symptoms:

•       Intrusion
•       Avoidance
•       Altered Thoughts and Moods
•       Altered Reactions

Intrusion is one of the most common symptoms. It refers to constant, unwanted, disturbing thoughts. These thoughts are usually somehow related to the traumatic incident. In the past, these thoughts were often referred to as “flashbacks.”

Avoidance refers to withdrawing in order to avoid people, places, or experiences that might trigger intrusive thoughts. People with PTSD may experience agoraphobia (fear of leaving the house), or not want to associate with friends, family members, or coworkers who remind them of the traumatic incident.

Altered thoughts and moods are disordered psychological responses to trauma. These may include symptoms of depression, misdirected anger, or a fear of the traumatic event happening again. It could also include survivor’s guilt. This is when someone who has witnessed another person be killed or injured feels guilty that they lived or were unharmed. Survivor’s guilt can lead to severe depression and/or engaging in dangerous or irresponsible behavior.

Altered reactions are interruptions to normal responses. This could include difficulty falling asleep, sleeping too much, or an inability to feel normal emotional responses such as happiness or sadness. People with altered reactions may seem “flat” and unresponsive. They can also seem too emotional and respond disproportionately to minor events.

What is the Defense Base Act and Who Does it Cover?

The Defense Base Act is an extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA). It provides medical and death benefits to employees of government contractors working overseas as well as their survivors. It covers:

•       Employees of Private Companies on U.S. Military Bases or Lands Used by the U.S. Military
•       People Working on Government Contracts for any US Agency
•       People Involved in the Sale of Military Equipment to the U.S. Armed Forces or their Allies
•       Employees of Welfare Services Dedicated to the Armed Forces, Including the USO

The DBA covers these individuals in the event of any injury or death that occurs during the course of their work overseas. This includes PTSD. Qualified individuals can receive two-thirds of their average weekly wage in compensation. The maximum amount an individual can be compensated is determined y the US Department of Labor.

In order to be compensated for PTSD, an individual must demonstrate they are suffering post traumatic distress as the result of an incident or incidents that occurred during their time as a qualified employee. This can be difficult.

If someone does not report their symptoms in a timely manner, it could be argued that they were caused by something that happened after overseas work. It may also be argued that an individual is feigning their symptoms in an effort to collect money or avoid future work.

Also, many individuals must undergo psychiatric evaluations prior to working overseas. If an agency doesn’t want to pay a claim, they could look for evidence that the person was already experiencing mental distress. An agency may also attempt to argue you’re not experiencing PTSD at all or that the traumatic events you experienced weren’t severe enough to cause PTSD.  

What Should I Do if I or a Loved One Am Experiencing PTSD After Working for the US Government Overseas?

If you or a loved one are experiencing PTSD after having worked for the US government overseas, don’t hesitate to contact the Benner Law Firm, located at 409 Camino del Rio S, Unit 106, San Diego, CA 92108. We’re located two miles South of Mission Valley Mall and three miles Southwest of Snapdragon Stadium. We bring a personal touch to all of our cases and pride ourselves on going above and beyond for every single client. Nothing makes us more unhappy than knowing our clients are suffering and in need of support. We fight for each and every individual to make sure they receive the benefits they deserve so they can go on to lead happy, healthy lives.

PTSD can be a difficult issue to deal with, and Recovery can take months and even years. You and your loved ones shouldn’t have to worry about fighting for compensation. If you or a loved one are suffering from PTSD following work for the US overseas, contact Benner Law today at 714-497-2544 or contact us for a free strategy session. We’ll fight to help you on your journey to wellness.