San Diego Personal Injury Attorney If you’ve been hurt in a San Diego accident, your first priority should be recuperation.…Share This Post!
Defense Base Act Lawyers
Defense Base Act Attorneys in San Diego
Experienced Defense Base Act Attorney in California
No one can predict that they will be injured in an accident. Furthermore, no victim can assume that they will have the money in their pockets to cover all of the costs related to their injuries, such as medical bills, property repair, and other expenses. These quickly add up, and your insurance company won’t likely give you enough to take care of it.
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 attorney in San Diego, California, has extensive experience dealing with Defense Base Act injuries.
Call us 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?
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 attorney 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 benefit?
Individuals who hold the following positions are covered by the 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
- Documentation specialists
- Interdisciplinary engineers
- Security personnel
- Language interpreters
Types of Injuries Covered
The Defense Base Act provides coverage 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)
- Gunshot wounds
- Post-traumatic stress disorder (PTSD)
- Severe burns
- Hearing and vision loss
- Occupational diseases
- Toxic chemical exposure
A seasoned San Diego Longshore Act attorney from The Benner Law Firm can explain these in more detail. Call us to schedule a consultation today.
What is the Claims Process?
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 DBA claims procedure (i.e., medical information, forms from the workplace, etc.). After meeting with a DBA attorney 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 DBA lawsuits have been handled by our attorneys. We are familiar with every step of the DBA filing procedure, the potential roadblocks, and how to litigate the case in court if the insurance company denies your claim.
Get Effective Legal Representation Today
What is the DBA Statute of Limitations?
You have 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.
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. 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 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.
PERSONAL INJURY & DEFENSE BASE ACT ATTORNEY SERVING SAN DIEGO, CA
San Diego Office
Benner Law Firm, PC
409 Camino Del Rio S., Suite 106, San Diego, CA 92108, USA
Mon: 8:30AM - 5PM
Tue: 8:30AM - 5PM
Wed: 8:30AM - 5PM
Thu: 8:30AM - 5PM
Fri: 8:30AM - 5PM
Sat-Sun: Weekend Appointments Available
Want to talk? Leave us a Message