You don't have to be actually working in order for your Defense Base Act claim to be compensable. In fact, we have personally seen accidents that occurred while playing soccer and basketball in Des Allemands, LA found to be compensable. A DBA worker who accidentally overdosed after getting a tattoo was found to be compensable under the Defense Base Act.
Be sure to report it to someone in a supervisory or managerial position in Des Allemands, LA, or the HR department, at the company. Confirm the reporting with an e-mail and send a copy to yourself. Be sure to keep the email copy.
It will only be used to deny your claim. If the adjuster in Des Allemands, LA tells you they need your statement in order to provide you with medical treatment or weekly compensation benefits, call a Defense Base Act lawyer. Immediately. But don't give a statement.
If the DBA adjuster in Des Allemands, LA tells you they need you to sign authorizations in order to provide your DBA benefits, call a DBA attorney.
Document all your Defense Base Act wages, bonuses, etc. Keep all pay stubs and W-2's. Your earnings in Des Allemands, LA determine your compensation rate.
Don't blow your relationship with the DBA insurance adjuster in Des Allemands, LA. Be polite, but cautious. Be honest, but don’t give more information than is absolutely necessary. Better yet, have your attorney deal with the adjuster. Our experienced DBA lawyers understand the laws and know all the tricks adjusters might use to undermine your case.
Keep records of all overseas medical treatment. Get names, addresses and e-mail address for all medical providers. Get copies of all your medical records before you leave to return to the U.S. Get copies of all imaging studies in Des Allemands, LA (MRI's, x-rays, CT scans, etc.).
Get names, addresses, telephone numbers and e-mail address of all witnesses to your injury incident in Des Allemands, LA.
Never, ever lie in court. Not only will it derail your case, but perjury is against the law. Don't lose your case by fudging, exaggerating or lying.
There is no apportionment under the Defense Base Act; this means if 95 percent of your issue is from a pre-existing condition and 5 percent is caused by the DBA injury, it is all compensable. With computer data bases available to the insurance companies today, you will get nailed if you try and hide a prior claim or injury.
You get one free choice physician under the DBA, so make sure you choose someone who you can trust and feel will be on your side. Never, ever chose a doctor suggested by the DBA insurance adjuster.
Be sure to explain to your stateside doctor in Des Allemands, LA the work you did. Explain you had to wear body armor or explain the road conditions, etc. Show your doctor photographs if need be. It is important for your doctor to understand the rigors of Defense Base Act employment.
Don't allow the insurance company nurse case manager to go into the examination room with your physician. Politely ask them to wait in the waiting room. The nurse case manager's job is to save the insurance company money—not help you.
If a defective product was involved in your injury, get photographs of the product. Write down and document with photos, the make, model, serial number of the defective product. Try and find our who owns or leases the product. Get any government identifying numbers for the product in Des Allemands, LA.
The adjuster works for the insurance company, not you. It is their job to protect the profit margin and as such, will typically try to low-ball your claim. If they refer you to a specific lawyer, you are well within your rights to be wary. Do your own investigation. Work with an attorney who is independent of the insurance company, who has experience, and with whom you feel comfortable in Des Allemands, LA.
There is a timetable associated with any workers’ compensation claim in Des Allemands, LA, including those under the DBA. You must report your incident to your employer within 30 days of its occurrence (although it should really be reported immediately). You also have only one year to file a formal DBA claim. The sooner you act, the better your chances are of getting full and fair compensation. Over time, witnesses may forget details and records may be lost. If you’ve suffered an injury, contact us immediately. All consultations are free and confidential and you only pay if we obtain relief for you. To schedule a time to discuss your situation, please call us at (619) 486-1739 or complete and send the online contact form.
Contact us today to schedule a free confidential consultation with our Defense Base Act Lawyers. Our dedicated staff will provide you with the attention and consideration that you deserve in your time of need. Our Defense Base Act attorneys at the Mara Law Firm will devote ourselves to protecting your interests and obtaining the maximum benefits that your case merits.
Years of experience delivering exceptional results for workers injured under the Defense Base Act.
What Is The Defense Base Act?
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.
What do you need to know about defense base act coverage?
You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.
What types of benefits are available under the defense base act?
|You need to know that the Defense Base Act covers more injuries, disabilities, diseases, and sicknesses than you think. Even if you don’t think your covered, chances are, if you were injured or became sick and/or disabled while overseas, you are covered under the Defense Base Act. This is likely so even if you were injured, disabled, or became sick when you were not performing work. You need to know that the Defense Base Act liberally favors compensating injured workers over denying coverage. The insurance company will make you feel the opposite and will tell you that you are entitled to no compensation or medical benefits for your injury. Talk to a trusted Defense Base Act lawyer to learn about whether your injury is covered and get on the road to compensation and wellness today.|
|The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours. Compensation
for total disability is two-thirds of the employee’s average weekly earnings, up to a current maximum of $1,030.78 per week. Compensation also is payable for partial loss of earnings. Death benefits are
half of the employee’s average weekly earnings to the surviving spouse or to one child, and two-thirds of earnings for two or more such survivors, up to the current maximum weekly rate.
Permanent total disability and death benefits may be payable for life, and are subject to annual cost of living adjustments. There is no minimum compensation rate. Permanent disability and death benefits payable to aliens and non-U.S. residents may be commuted by payment of half of the present value of future compensation, as determined by the OWCP district director. The injured employee is entitled to medical treatment by a physician of his/her choice, as the injury may require. Medical benefits may not be commuted.
Who is covered under the DBA?
The Defense Base Act covers the following employment activities: Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; Working on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States; Working on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States; Working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO. If anyone of the above criteria is met, all employees engaged in such employment, regardless of nationality, are covered under the Act.
When to consult a defense base act attorney?
It is never too early to consult a defense base act attorney. In fact, you should reach out to an experienced, trustworthy Defense Base Act Lawyers as soon as you become aware of a work-related injury or condition that is impacting your ability to work. The early phases are critical and mistakes that happen right after suffering an injury can be extremely difficult to overcome for the duration of your case. The right attorney will guide you down the right path so you can avoid those mistakes, which, without that guidance, you will not know the pitfalls to avoid.
If you are in need of employment litigation attorney in Louisiana or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately
for a FREE consultation.