A Typical Timeline For DBA Claims

Working as a US contractor overseas can be a lucrative profession. Yet, it may also put you at a higher risk of accidents or injuries. 

Fortunately, there is a safety net that protects you from workplace injuries. 

Similar to regular workers’ compensation, the Defense Base Act provides benefits to defense contractors and other individuals working for the US government. The similarities don’t end there, however. Just like with workers’ comp, if you were injured while working overseas, you’ll have to go through a standardized claims process to recover compensation.

We understand that your main concern is receiving your benefits, but realistically speaking, you need to arm yourself with patience. The timeline for DBA claims is notoriously inconsistent and varies wildly from case to case. 

Is there anything you can do to speed up the timeline for DBA claims, though? As a matter of fact, there is, and it’s got everything to do with adhering to the standardized DBA claims process. 

How to file a DBA claim

To start the claims process, you must prepare a claim and file it with the Division of Longshore and Harbor Workers’ Compensation. Your claim must be substantiated with the following documentation:

• Proof of your employment status as a defense contractor overseas
• Medical documents that prove you were injured and received treatment
• Proof that your injuries are in direct relation to your employment activities
• Proof of whether you were forced to miss work or can no longer work because of your injuries

Upon filing the claim, an insurance adjuster will establish contact with you and will seemingly try to help you. Don’t fall for this trick because they’re employed by the insurance company, and as such, only want to save money by limiting the benefits they pay you out. 

Potential outcomes of the initial DBA claim

The reason why the timeline for DBA claims is so convoluted is the fact that the claim could have so many outcomes. For instance, any of the following may happen:

• Your claim is approved and you’ll begin receiving full benefits within a few weeks of filing
• The adjuster requests more documentation, pushing the timeline for DBA claims even further while you gather all the documents
• The insurer denies your claim, forcing you to start the appeals process

If your claim is approved, congratulations! Any other outcome is a sign you need to hire an experienced DBA attorney. That way, you can shorten the timeline for DBA claims as the attorney will gather all the information needed to expedite the process. 

Similarly, if your claim is denied, an attorney will start the appeals process on your behalf and use their expertise to improve your chances of getting approved at the appeals stage. 

The most important part of the appeal process is the hearing in front of an Administrative Law Judge. The hearing usually gets scheduled anywhere between two and four months. 

Furthermore, the judge may take five months or longer after the hearing is complete to issue a decision. In some circumstances, we’ve seen the timeline for DBA claims that are particularly complex take over a year to close. 

Why you should hire an attorney

Filing a DBA claim looks deceptively simple, but you need to keep in mind that you’ll be actively dealing with an insurance company in your case - a matter that is never simple.

Insurers don’t care about your well-being and are mostly concerned about minimizing their losses, which is why they’ll fight ardently to deny the claim or get away with legally paying you as little as possible. 

For instance, while they may give you a minimal amount, they’ll argue that you don’t need ongoing compensation since you reached your maximum medical improvement. As such, they’ll try to avoid covering your future medical care and may even attempt to avoid compensating you for lost earnings. 

Regardless if you reached your maximum medical improvement, it doesn’t eliminate long-term costs associated with the injuries. Many injured workers require ongoing medical care for the remainder of their lives - an amount that can be significant for serious injuries. 

This is why your settlement should account for long-term care costs associated with the injury. You and your family should never cover anything out of pocket. 

Still, it takes a legal professional to provide evidence of your long-term costs, including proof of a change in your earning capacity. Working with an attorney will minimize the stress and the logistics of the entire process, and it will work wonders for shortening the timeline for DBA claims. 

Even if all fails and the insurance company refuses to budge, your attorney can take the claim to court. You shouldn’t settle for less, and sometimes you can only receive what you deserve by filing a lawsuit. In this case, an attorney will take over all the necessary processes including filing, communicating with the other party, negotiation, as well as in-court representation. 

What if you can’t afford a DBA lawyer?

Most people file DBA claims alone because they believe that they can’t afford to hire an attorney. In reality, the majority of DBA attorneys work on a contingency basis. This means that you won’t pay anything out of pocket, and the attorney will receive compensation for their work on the case out of the settlement they negotiate for you.

You’ve got nothing to lose by hiring an attorney, so even if you believe your claim is clear-cut, you should hire an attorney to speed up the process and reduce the probability of running into issues with the claim later down the road. 

Expedite your claim with Law Offices of RITE

An experienced attorney can push your DBA claim forward and fight for the compensation that covers all the costs of your injury. Because of this, you owe it to yourself to hire legal help.

If you want to work with the best DBA attorneys in North Florida, the Law Offices of RITE is the best choice. You’ll have a team of experts working on your case who have helped many individuals such as yourself receive the maximum settlement in the shortest amount of time possible. 

Call (904) 500-RITE (7483), or send an email to info@rite4justice.com and get your DBA benefits.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.