Your annual wages must be calculated then divided by 52. Once you understand your AWW and claim’s value, we can talk with the insurance provider about a settlement under the Defense Base Act. Either you or the insurer can raise the question of a settlement, and both sides have the power to negotiate a fair amount.
Full Answer
What is the Defense Base Act?
The Defense Base Act is what the US Government relies upon to provide contractors with treatment and compensation should they be injured or killed while overseas. The Defense Base Act (DBA) was enacted back in 1941 as a legislative extension of the Harbor Workers’ Compensation Act. Essentially, the DBA is a federal workers’ compensation program ...
Who is Covered Under the Defense Base Act?
That means you’re covered under the DBA in the event of any injury you sustain while on contract until you arrive back home in the United States or your country of origin.
How long do you have to file a DBA claim?
File your DBA claim with the US Department of Labor. Claims under the Defense Base Act fall under the Department of Labor (DOL). You have one (1) year from the time of injury to file your claim. If you do not meet this deadline, then your claim may become invalid – particularly the lost wage portion of your DBA claim. However, you may still qualify for the future medical expense portion of the injury claim. It depends case-to-case.
Why are there so few DBA claims?
Forget all of the stories you may have heard from your fellow contractors. Most contractors don’t actually have an accurate understanding of the DBA which is why so few actually file claims.
How much do you get if a contractor dies overseas?
If a contractor dies overseas, then the contractor’s spouse or one child may receive half of the deceased contractor’s weekly wage for life. If the contractor had two or more surviving family members, then those members may receive two-thirds of their weekly wage for life.
What are some examples of specific injuries?
arms, legs, etc.) Examples of specific injuries include a traumatic brain injury (TBI) due to a VBIED explosion or an ACL tear while deployed as a contractor. Both are covered under the DBA; however, because there is a time-specific event ...
Why is the Defense Base Act important?
Nonetheless, contractors serve a vital role in protecting America’s interests. For this reason, Congress passed the Defense Base Act, which provides a way for contractors to receive compensation for their injuries—including past and future medical care and loss of earnings.
What is the key to a satisfying settlement?
The key to a satisfying settlement is to use all the information, especially medical records you have. It is impossible not to anticipate the compensation amount, however, the entire process can greatly affect the figure you count on.
What are the benefits of shoulder surgery?
In any case, these are some of the benefits that you can expect to receive or require because of a shoulder injury: – Coverage for medical treatment and care, – Coverage for medical expenses, – Remuneration for your pain and suffering, and. – Coverage of all the economic losses you have experienced (lost income).
What are some examples of universal conditions that indicate that you have experienced pain and suffering from an accident?
These are some examples of the universal conditions which indicate that you have experienced pain and suffering from the accident: – Disorders in everyday functioning, i.e. the usual way of life , – Physical damage that takes a long time to heal, – Physical deformations of the body that can affect your social life.
Can shoulder injuries be minor?
Some shoulder injuries can be minor; however, some can be significant requiring complex surgeries. In the following lines, we are going to advise you on how to gain the best possible settlement in case you get involved in an accident resulting in any type of shoulder injury. Many law firms offer free, one-time legal help, ...
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.
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.
What is MMI in DBA?
Because DBA insurance companies must pay this amount weekly, insurance companies, such as AIG, Starr Indemnity, Allied World, Zurich, and others want to settle these cases quickly after injured contractors reach MMI (Maximum Medical Improvement). MMI typically occurs when an injured worker reaches a state where his or her injury and condition cannot be improved any further or when treatment plateau is reached. Nearly all injuries occurring in Afghanistan, Syria, Iraq and other zones of hostility are covered. For instance, if you were injured exercising doing bench presses in the gym at 11:00 p.m. at the base, you are covered under the Defense Base Act.
Do DBA insurance companies pay out of their money?
DBA Insurance companies will pay our fees for the out of their money if the DBA case settles. If it does not settle, we do not collect a fee from you. All fees must be approved by the Department of Labor. If an attorney collects money from you without such an approval, beware. Also, if an attorney has you sign an agreement where they will receive a percentage of any settlement, hire a new attorney as that attorney is breaking the law. Contingency fees, where an attorney receives a percentage of a DBA settlement , are not permitted under the Defense Base Act.
What is the DBA?
The Defense Base Act provides workers' compensation protection to civilian employees working outside the United States on U.S. military bases or under a contract with the U. S. government for public works or for national defense. This page contains general information regarding the Defense Base Act that may be of interest to government contracting officials, U.S. government contractors, insurance professionals, covered employees and their families, and others in the workers' compensation claims community.
What is a longshore district office flow chart?
Longshore District Office Flow Chart (pdf) (htm) - A schematic diagram showing how claims are processed in the District Office.