With any Defense Base Act claim, you’re entitled to 2/3 your AWW or average weekly wage. Miscalculating your average weekly wage can result in significant financial losses. Your AWW determines how much you should expect from a Defense Base Act claim and your DBA claim value.
What is the Defense Base Act (DBA)?
What is the Defense Base Act (DBA)? The DBA is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas.
Where can I file a Defense Base Act claim?
Where should new Defense Base Act claims be filed? Fax to the Case Create Fax: (202) 513-6814 - this is the preferred method for receiving "case create" forms. Mail case create forms to the Jacksonville DLHWC Office.
How much does the Defense Base Act pay for funeral expenses?
The Defense Base Act also incorporates the LHWCA's provision for payment of reasonable funeral expenses up to $3,000. Permanent total disability and death benefits are subject to annual cost of living adjustments.
Can the Secretary of Labor waive application of the Defense Base Act?
The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States.
What is the Average DBA Claim Settlement Amount?
It is almost impossible to give an average for DBA settlement amounts. The nature and extent of your injury will determine how much and for how long you will receive benefits. To determine your potential settlement amount, you’ll need to speak with an attorney.
How Are Defense Base Act Wage Benefits Calculated?
DBA claims pay wage benefits are calculated based on the category of the injury. There are four injury categories:
How Are Defense Base Act Medical Benefits Calculated?
All medical expenses related to your injury are paid under the Defense Base Act. Medical expenses include costs incurred for the initial treatment and all future and ongoing expenses. In addition, medical expenses are paid so long as they are needed and reasonably related to the DBA injury. Generally, the following expenses are covered by the DBA:
How are Defense Base Act Death Benefits Calculated?
If a loved one is killed and qualifies for DBA benefits, it will pay wage benefits to the surviving spouse or a single child at one-half of AWW, or two-thirds of AWW if there are two or more beneficiaries (e.g., the surviving spouse and a child). These benefits may be payable for life and will be periodically adjusted for cost of living.
How Are Defense Base Act PTSD Settlements Calculated?
Defense Base Act PTSD benefits are addressed separately because they do not neatly fit into any category or time table. In general, PTSD is covered by the DBA through wage and medical expense benefits.
Grossman Law Can Help You Obtain Maximum DBA Benefits
Grossman Attorneys at Law has represented thousands of DBA cases and is intimately familiar with claim filings and DBA benefit analysis and submissions for Defense Base Act settlements. Contact us now to learn more about how we can help with your claim.
What is a defense base act settlement?
Defense Base Act Settlements: How a Defense Base Act Attorney Can Help. The Federal government passed a Defense Base Act (DBA) aimed at protecting you and your income as you work abroad for the United States State Department or military. While working abroad as a contractor, you’re subject to hazardous conditions that make you exposed to injuries.
When the time to settle a defense claim comes, you may undercut yourself?
When the time to settle a defense claim comes, you may undercut yourself, as you might not know the difference between an inappropriate and appropriate offer.
Does the DBA pay for pain and suffering?
The DBA doesn’t compensate workers for their “pain and suffering,” which is why you need to concentrate on the financial losses that result from your work injuries or PTSD.
Do you have to file a DBA claim?
The Act also provides workers’ compensation to offset medical costs. However, to be compensated, you need to file a DBA claim, and a lot of time and paperwork are required to do this.
Medical and rehabilitation benefits
Defense Base Act settlements also cover medical expenses. More precisely, they include the costs of the initial, as well as all the ongoing and future medical expenses. The DBA will cover these expenses as long as they are reasonably related to your injury.
Death benefits
For families whose loved ones passed away as a result of an injury in the workplace or a condition related to their work abroad, it’s possible to receive Defense Base Act settlements. For instance, if you’re the spouse, half of the deceased’s average weekly income goes to you and one child.
Bonus: PTSD settlements
PTSD cases are also a part of Defense Base Act settlements. They’re covered through medical expenses or wage benefits as they don’t really fit into either of the categories. However, wage benefits for PTSD will most likely be recognized as a disability, or to be more precise, a permanent total or a permanent partial disability.
When is it time to contact an attorney?
Workplace injuries are not that uncommon for overseas contractors so if/when they happen, know that you’re always eligible for compensation from your employer.
What does the DOL take into account when evaluating a settlement?
When the DOL receives all the necessary information to evaluate the settlement, they also take into account your age, education, work history, and degree of disability or impairment. Even if you cannot carry on the same kind of work you did before you were injured, the DOL will consider any and all available work that you can do. They will also weigh the cost of current and future necessary medical treatment for the injury you received as a government contractor working overseas. Furthermore, the DOL considers your life expectancy using life tables and actuarial science to determine the value of the claim.
What is included in a settlement?
Your settlement must include a clear amount for compensation, medical, and attorney fees. The reason for the settlement must also be clear. You must also give your biographical information and work history, as well as whether you can work, are capable of working, or when you medically can return to work.
What is weekly compensation?
Your weekly compensation rate should be paid so long as you are disabled from work. This is in addition to your medical expenses. The compensation benefits are intended to compensate you for lost wages (economic loss) due to injury, whether short-term, prolonged, or total and permanent.
Does the DOL approve a settlement?
Even once the settlement is agreed upon by both parties, it must still be approved by the Department of Labor (DOL) before you receive the money. This is because the DOL wants to make sure that the settlement is fair and just to you, as the injured claimant.
Does the DBA pay for pain and suffering?
Since the DBA does not compensate you for your “pain and suffering” you need to focus on your financial losses resulting from the injury. The insurance company will fight you on most, if not all of the losses you suffer, so it’s important to try to calculate a fair settlement ahead of negotiations so that you know what an unfair settlement looks like.
Is pain and suffering considered a fair settlement?
While it is difficult to put a dollar value on your pain and suffering caused by an injury, it is important to remember that pain and suffering are not considered when determining what is a fair settlement of a DBA claim. The DBA only provides compensation on a weekly basis while you are unable to work, ...
Can you file a DBA claim?
Filing a Defense Base Act (DBA) claim can be a long and arduous process. From making sure you make the deadlines to keeping all the right documents, it can get complicated. Furthermore, it can get complicated if insurers deny your claim but you still pursue your rights in litigation. Through all of this, the biggest question on many contractors and subcontractors covered under the Defense Base Act is whether they will receive their full benefits.
What should a DBA lawyer calculate for future wages?
Past and future loss of wages. For future wages, your DBA lawyer should calculate the present value of the future wage loss.
What is DBA mediation?
DBA Mediation. Oftentimes, DBA cases settle at a Defense Base Act mediation. This is where the parties meet together and sit down to attempt to resolve the issue. The injured worker should be fully prepared in person (not by a short telephone conference) for the mediation.
How to obtain a large settlement under the Defense Base Act?
To obtain a large settlement under the Defense Base Act, it is easiest to start by receiving medical benefits under the Defense Base Act. First, file a LS-203 which is essentially your claim for compensation benefits from your Employer and their insurance carrier.
How long does it take to get compensation for a 10% impairment to the knee?
So the situation is that if you have a 10% impairment to an extremity say your leg because you had a knee injury then you only receive a scheduled award of money equal to your compensation rate times 28.8 weeks for that permanent impairment to the knee.
Overview
June 2012 - Introduction to the Defense Base Act (pdf version): Background and History; Roles and Responsibilities; Insurance and Waivers, presented by OWCP/DLHWC Branch Chiefs Brandon Miller and Eric Richardson at the ACE International Insurance DBA Seminar in Washington, D.C.
Insurance Information
Insurance and Waiver (pdf) (htm) - A PowerPoint Presentation about the insurance requirements under the DBA
Benefits and Claims
Benefits under the Defense Base Act (pdf) (htm) - A PowerPoint Presentation about what benefits are available to employees and their families in the event of injury or death.
What is the Foreign Assistance Act?
under the Foreign Assistance Act, which among other things provides for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States;
How long does it take to get a disability payment?
If you are disabled more than 3 days, payments are to be issued 14 days from the date your employer first has knowledge of your loss in wages. However, payment is not overdue until 14 days after that date. This provides the carrier 28 days to issue the first payment. Thereafter, payments should be paid in bi-weekly installments except when the employer or insurance carrier disputes liability for benefits and files a Notice of Controversion, Form LS-207. See Longshore FAQ 23 describing the Notice of Controversion.
What is a DBA?
The DBA is an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA) which provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas. With a few exceptions, the DBA incorporates the provisions of the LHWCA.
Where is the DBA contact information?
The DBA jurisdictional boundaries and the corresponding District Suboffice contact information can be found on the Longshore Defense Base Act Jurisdiction page for claimants residing outside of the U. S. For all others, the contact information can be found in the Contact Us section on the DLHWC website.
What is DBA 1651?
Section 1651 (a) (4) of the DBA cover s employment under a "contract entered into with the United States" where such work is to be performed outside the continental United States for the purpose of public work . The Department of Labor agrees with the decision of the U.S. Court of Appeals for the Second Circuit in University of Rochester v.
Where to send DBA waiver package?
The package can be mailed to the Director, OWCP, U.S. Department of Labor, OWCP, Division of Longshore and Harbor Workers' Compensation, 200 Constitution Avenue NW, Rm C-4319, Washington, DC 20210. The package can also be sent by e-mail to [email protected].
How long does it take to get a notice of injury?
Give written notice of your injury to your employer on Form LS-201 (Notice of Employee's Injury or Death) within 30 days. Additional time is provided for certain hearing loss and occupational disease claims.
Calculating Your Settlement
A Fair Settlement According to The Dol
- Once you and the insurance carrier decide that the negotiated settlement is fair, it goes through the process of being evaluated by the DOL. The DOL published in 2014 how it evaluates settlements before approving them when it comes to requesting compensation under the Longshore and Harbor Workers’ Compensation Act and, subsequently, the Defense Base Act…
Fighting For Your Defense Base Act Benefits
- While it is difficult to put a dollar value on your pain and suffering caused by an injury, it is important to remember that pain and suffering are not considered when determining what is a fair settlement of a DBA claim. The DBA only provides compensation on a weekly basis while you are unable to work, and medical expenses. So, determining the cor...