Defense Base Act Lawyer

Helping Clients Recover Damages for Injuries

No one wakes up in the morning expecting to be injured in an accident. Furthermore, the victim’s costs related to their injuries quickly add up, including medical treatment, lost income from time missed at work, and emotional damages. The insurance company will probably not give you enough to cover these expenses. To ensure you won’t have to worry about expenses when dealing with your injury, you should call an experienced attorney.

Our personal injury and Defense Base Act lawyer in San Diego, California, has extensive experience dealing with Defense Base Act injuries. We understand the nuances of submitting claims through the Defense Base Act and can take this heavy burden off of your shoulders. Our Defense Base Act lawyer will investigate the incident that caused your injury and help you provide evidence that gives your Defense Base Act claim the best chances of being approved.

Don’t deal with the insurance company or with complex government agencies alone. Call us at 714-497-2544 to consult with our San Diego personal injury and Defense Base Act attorney to get quality legal representation in your defense bases act claim, mass torts claim, and personal injury claims in California.

What is the Defense Base Act?

Workers fulfilling responsibilities under a government contract, often known as government contractors, put themselves at risk every day. These employees are not service members of the U.S. military, but they keep military bases operating and perform essential duties on behalf of the United States government. For injured workers, this can mean they have put their well-being and lives at stake. The Defense Base Act covers these dedicated individuals in case they fall into harm’s way while on duty. Injured workers, including civilian employees, and their families can obtain compensation for serious injury under this critical federal law.

The Defense Base Act (often known as the “DBA”) is set forth in 42 U.S.C. 1651-54. Many of the provisions and regulations applicable under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. 901-50, are adopted by this act as well. Parts 701, 702, 703, and 704 of the Code of Federal Regulations include the implementing regulations. The law is essentially a federal workers’ compensation program, with private employers and their insurance firms providing worker benefits. The DBA is governed and administered by the United States Department of Labor (“DOL”). The statute protects those who work for private military contractors operating outside the United States from medical and salary loss benefits.

Numerous DBA claimants have worked in Iraq and Afghanistan in the past or are currently doing so. However, DBA claims can be filed in non-conflict situations as well. In most cases, state workers’ compensation rules do not apply to these injuries. Individuals who file workers’ compensation claims with state workers’ compensation programs do so incorrectly. Between state agencies and courts, there is no joint or shared jurisdiction. Due to the DBA’s statutory basis, it does not oblige your Employer to compensate an injured worker for pain and suffering, loss of enjoyment of life, or other non-economic damages. The Department of Labor must authorize attorney costs. Employers are accountable for your attorney’s fees if your Defense Base Act lawyer obtains a previously refused benefit. You are not responsible for any out-of-pocket fees or expenditures, and all fees must be approved in advance by the Department of Labor.

Who is Eligible for Disability Benefits under the Defense Base Act?

The Defense Base Act covers several different types of civilian contractors. If you are an injured worker who operated under a government contract, you should contact our attorneys right away. Injured civilian employees who work at overseas military bases, their immediate family members, and the surviving spouse may all receive past and future compensation for medical expenses, disability compensation, and more.

Individuals who hold the following positions are covered by the Defense Base Act:

• Employees of private companies on United States military bases or on any areas utilized by the United States for military purposes outside of the United States, including those in United States territories and possessions;

• Participating in public work contracts with any agency of the United States government, including construction and service contracts in connection with national security or with war activities conducted outside of the United States;

• If the contract is conducted outside the United States, you are working on contracts that have been approved and funded by the United States under the Foreign Assistance Act, which primarily provide for the sale of military equipment, materials, and services to its allies in exchange for cash.

• Employees of American companies that provide welfare or comparable services outside of the United States for the benefit of the Armed Forces, such as the United Service Organizations (USO).

Examples of types of workers covered by the Defense Base Act include, but are not limited to, the following categories:

• Clerical workers
• Contract interpreters
• Couriers
• Documentation specialists
• Interdisciplinary engineers
• Translators
• Security personnel
• Language interpreters

If you are a civilian contractor who was injured while working at a military base, you may be eligible for workers compensation benefits under the Defense Base Act. Our Defense Base Act attorney can help identify the cause of your injury and will present your case efficiently before the proper government agency, such as a benefits review board. Please reach out to us immediately for help getting the Defense Base Act coverage you deserve.

At this critical time, dealing with the legal aspects of getting medical benefits is the last thing you need to worry about. Call our office right away and let us handle your application for benefits so you can focus on what is most important: recovering and spending time with your loved ones.

What Types of Injuries Are Covered by the Defense Base Act?

The Defense Base Act provides coverage for medical treatment for nearly every sort of work-related injury or illness, including both physical (non-scheduled and scheduled ailments) and psychological problems. In the same way, injuries do not have to be sustained during working hours or when on a military post or other permitted premises in order to qualify for coverage. The United States Supreme Court held that all that is required for a condition to be covered by the Defense Base Act is that “the responsibilities or conditions of employment constitute the zone of specific danger out of which the damage originated.” Examples of injuries that are covered include:

• Amputation / limb loss
• Back injuries
• Traumatic brain injuries (TBI)
• Depression
• Gunshot wounds
• Post-traumatic stress disorder (PTSD)
• Severe burns
• Hearing and vision loss
• Occupational diseases
• Toxic chemical exposure
• Spinal cord injuries
• Death benefits for a surviving spouse
• Permanent disability

Overseas contract workers who have experienced a severe injury while working on a military base should receive compensation for the medical treatment and permanent disabilities they are experiencing. The U.S. government recognizes the service and sacrifice these individuals have made and provides financial compensation for injury victims and their families.

A seasoned San Diego Longshore Act attorney from The Benner Law Firm can explain these benefits in more detail and can help determine if you are eligible to submit a claim for your on-the-job injury. Call us to schedule a consultation today to discuss the medical benefits you may be entitled to under the Defense Base Act.

What is the Defense Base Act Claims Process?

Many covered employees know that they should receive compensation for their injuries but do not know how to go about submitting a successful claim through the Defense Base Act (DBA). An experienced DBA lawyer, like those at Benner Law Firm, can help maximize your compensation to ensure you and your family to not suffer needlessly because of the rising costs medical care following your injury. We help injured workers recover damages for a wide range of injuries, including devastating accidents that result in amputation, illness from harmful exposure to burn pits, post-traumatic stress disorder, permanent disability, and more.

If the worst has occurred and your loved one passed away while serving their country as a government contractor, we can help you and your family collect death benefits, including emotional trauma and reasonable funeral expenses. Call our DBA attorneys right away for assistance in navigating the complex procedures involved in collecting the workers compensation protection you deserve.

In the meantime, you can do your best to recover from your injury or illness by seeking medical treatment, notifying your employer about your condition, and gathering critical evidence, such as medical records and proof of the accident that caused your injury. When you speak with your attorney about your Defense Base Act claim, please be completely honest and provide them with the documentation they request so your case can be completed as quickly and thoroughly as possible.

Step 1: See a Doctor Immediately

This may sound repetitive, but you should seek medical assistance regardless of whether or not you believe you are experiencing a medical emergency. This is to ensure that you receive all the assistance you may require and to procure a paper trail of the injury’s time frame and treatment. Keep meticulous records of all dates of injury and subsequent medical care.

Step 2: Employ a DBA Lawyer

Getting a DBA attorney is ideal immediately following your accident. The DBA lawyer is familiar with all legal deadlines and complaint-related acts, all of which may have the potential to make or break your case. You will require representation to file for, fight for, and maybe appeal a DBA claim refusal.

Step 3: Notify the Employer of Your Injury

Inform your supervisor of your injury as soon as possible. As is the case with the majority of workers’ compensation insurance claims, the law requires that the employee notify the employer. In a DBA instance, you must provide notice by filing the LS-201 form (Notice of Employee Injury or Death). A verbal exchange, an email, or a text message is insufficient. This form must be filed. You may seek assistance from your DBA attorney.

Step 4: Complete all Additional Forms

You will be requested to give more information during the Defense Base Act claims procedure (i.e., medical information, forms from the workplace, etc.). After meeting with a Defense Base Act lawyer and following the attorney’s advice, submit each and every one on time. The process of filing a claim can be somewhat complicated. That is where an accomplished Defense Base Act attorney can help. Thousands of Defense Base Act lawsuits have been handled by our attorneys. We are familiar with every step of the DBA claims procedure, the potential roadblocks, and how to litigate the case in court if the insurance company denies your claim.

What is the Defense Base Act Statute of Limitations?

Understanding California’s statute of limitations is critical when dealing with an workplace injury and seeking workers compensation protection through the Defense Base Act. This law requires injured individuals to submit a claim within a set period of time or else they waive all rights to compensation. It’s easy to see that following the statute of limitations law is critical when recovering disability, medical, and death benefits following an on-the-job injury.

Unlike California’s statute of limitations for personal injuries, which provides a two-year time limit on seeking damages for a personal injury, you have only one year from the date of the injury to file a claim with OWCP. You have two years to file a claim if a doctor diagnoses you with an “occupational ailment” caused by your employment. This enables detection of an occupational disease caused by employment, such as post-traumatic stress disorder (PTSD) or lung cancer, which can develop over time. The two years begin when you become aware of the connection between the occupational sickness, your handicap, and your employment. If you do not file your claim within the specified time period, your employer may protest and withhold compensation benefits if you become incapacitated as a result of the injury. The time constraint is applicable exclusively to disability compensation. A claim for medical benefits is not time-limited.

For help understanding how the statute of limitations applies in your unique case, please call our Defense Base Act lawyer right away. Don’t delay in reaching out to an attorney because this could mean giving up all compensation you were entitled to. Injured employees who are civilian contractors may be subject to additional restrictions, so it is critical that you hire knowledgeable DBA attorneys who understand DBA claims and can get you the results you need. Call our law firm right away to speak with our talented legal team about how you can recover compensation for your injuries while working on a defense base.

How Can Defense Base Act Lawyers Help?

In general, a Longshore Act Defense Base Act lawyer is an attorney who can represent injured workers protected by the Defense Base Act. Defense Base Act attorneys represent clients who have been injured while working on defense bases overseas across the world. Lawyers with experience in Defense Base Act claims know how to get their clients the compensation they deserve while recovering from serious injuries that happened on the job.

Some examples of compensation an injured employee may be entitled to include:

• Past and future medical expenses
• Hospital stays
• Medical equipment, such as wheelchairs
• Renovations to accommodate the accident-related disability
• Commuting benefits paid
• Lost income, wages, and salaries
• Decreased income-earning capacity
• Emotional trauma
• Loss of enjoyment of life
• Catastrophic injury, such as amputation, blindness, paralysis, and more
• Wrongful death

Your insurance company will not likely cover these expenses and the other damages that you received because of your injury. However, hiring a lawyer can mean a stronger negotiation with the insurance carrier and the ability to file a claim through the Defense Base Act. Using your workers’ compensation benefits can make all the difference for you and your family as you recover. Don’t risk financial devastation because of a workplace injury that is covered under federal law. Contact our law firm right away and learn more about the benefits you may be eligible to receive as an injured civilian contractor.

Should You Hire Our Defense Base Act Attorneys?

The Benner Law Firm’s San Diego defense base act attorneys can assist you with basic injury claims or represent you and fight for your legal rights in a sophisticated Defense Base Act litigation. We pledge to defend your rights as a civilian employee working on US military locations outside the United States, and you can get your Defense Base Act benefits.

Our team takes pride in its ability to assist civilian personnel who have sustained a serious accident while working on a federal contract outside the United States. We will conduct a thorough investigation, skillful negotiation, and litigation expertise on your behalf in courts of law and will remain with you until your matter is resolved. We can help you in your Defense Base Act claim. Speak with one of our San Diego, California Defense Base Act and Longshore Act attorneys for your Defense Base Act claim. Receive your DBA benefits now. We will work with you to collect the compensation you deserve. To schedule a consultation with our San Diego Defense Base Act law office, contact us today at 714-497-2544.