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What to Do When You're Injured
What to Do When You're Injured (Defense Base Act)
Experienced Personal Injury Representation 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 all these.
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 with injuries that result from car accidents, trucking accidents, motorcycle accidents, slip-and-falls, wrongful death, dog bites, and more.
Call us and 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.
In what ways does the Defense Base Act benefit those who serve?
In accordance with the Defense Base Act and the Longshore and Harbor Workers’ Compensation Act, a variety of benefits are available, including lost pay as well as medical and death benefits. In some situations, vocational rehabilitation benefits are also possible.
So You’ve Been Injured on the Job and You’re Covered by the Defense Base Act. Now What?
When you are injured, the first thing you should do is notify your supervisor as quickly as possible so that they can take appropriate action. It is possible that you will be required to complete a notice of injury or a first report of injury.
After that, you should seek medical assistance. Make sure to keep track of all of your doctor’s appointments, since this documentation may prove to be critical evidence in your case later on.
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How Do You File a Claim Under the Defense Base Act?
To begin filing a Defense Base Act claim, you must first submit an LS-203 “claim for compensation.” You must provide information about your injury and file them with the Office of Workers’ Compensation Programs, a division of the US Department of Labor.
Claims under the Defense Base Act are initially filed with the New York Department of Labor. It is then transferred to the district office closest to your (the injured employee’s) residence. A claims examiner is assigned, and he or she assesses whether or not the claim is disputable. In the event of a disagreement, the examiner will convene an informal conference.
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.
Contact an Attorney Knowledgeable with the Defense Base Act
Even if your employer appears to be friendly and cooperative with your injuries and medical care, this does not guarantee that your DBA insurance carrier will be as helpful and cooperative. Insurance companies are always contesting claims to ensure they are not paying out unjustified benefits. This frequently creates difficulties for injured claimants who are already under stress and dealing with major injuries.
A DBA attorney can analyze your work-related injuries and assist you in submitting the strongest claim possible. This requires you to provide all essential documentation of your injuries and their connection to your employment. We can uncover any deceptions used by the insurance company to minimize or deny your benefits. If your claim is refused, we can assist you in appealing.
In general, a Longshore Act Defense base act lawyer is a legal expert who can represent injured workers protected by the Defense Base Act. The Benner Law Firm’s San Diego personal injury 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. Receive your DBA benefits now. We will work with you to collect the reimbursement you deserve. To schedule a consultation with our San Diego personal injury 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
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