DBA Insurance Calculation - How Much Is Your Claim Worth?

If you worked overseas as a contractor under the US government, you’ve probably seen a great deal of hazards. While service members can always fall back on VA care, if you’re injured or diagnosed with a work-related condition, your only recourse is filing a Defense Base Act (DBA) insurance claim.

This act requires government contractors to provide workers’ comp to all eligible employees. As such, if you suffer an injury while working you can receive benefits.

Although it seems simple on the surface, it can take a long time to get your claim approved and even if you do end up receiving your benefits, it’s going to be an uphill battle to recover fair compensation.

To alleviate some of the stress, we’ll clarify the basic steps involved in the claim process, but we’ll also explain why a DBA insurance calculation can be such a challenge.

DBA insurance calculation - why should you hire an attorney?

A DBA insurance calculation requires a lot of complex information. For example, you need to consider the severity of the injury/condition, a projected recovery time, and whether you’ll be able to go back to a similar or different field of work upon reaching your maximum recovery.

An attorney specializing in DBA–related matters can calculate the full value of your claim, thereby ensuring you receive the maximum amount of benefits. They’ll look at a variety of factors in your claim including medical expenses, costs of future care, loss of income, rehabilitation needs, and disability benefits.

In addition, attorneys can also evaluate the impact of the condition on your mental health, and how the condition ultimately affects your quality of life.

Here’s a DBA insurance calculation an attorney might use. If a claimant was employed by a single employer for at least 12 months, the attorney will take the daily wage and multiply it by 260 if the claimant worked five days a week or 300 if they worked for six days. Then, they’ll divide that figure by 52 to determine the value of the claim.

For those who haven’t worked for a full 12 months for their employer, their daily wage will be based on a similar worker’s wage in similar circumstances.

For seven-day schedules or individuals who had casual work times, applying a standardized DBA insurance calculation is inaccurate. As such, it may be necessary to hire an attorney.

Types of benefits you can recover

With the matter of DBA insurance calculation out of the way, here are the types of benefits available under DBA:

1. Medical benefits

Medical benefits can cover reasonable medical expenses for your injury in addition to other costs such as medications, etc.

2. Disability benefits

If your injury resulted in a disability, you can receive replacement wages amounting to the severity and the permanence of the condition.

For instance, if you suffered a temporary total disability, it means that you may not be able to work for the time being but you will eventually return to work after reaching full recovery. With temporary total disability, you’ll receive approximately two-thirds of your average weekly wage.

With temporary partial disability, you can still do some work but not in the same capacity as you did in the past and you’ll be eligible for two thirds of your lost wages up to five years.

On the other hand, permanent disabilities have a much more significant impact on your life and work ability. For example, a permanent total disability completely eliminates the possibility of ever returning to work, as such, these individuals are eligible to receive two-thirds of their average weekly wage, plus an annual adjustment based on national averages.

Similarly, a permanent partial disability occurs when someone sustains a permanent limitation and their benefits will be calculated in accordance with a strict schedule.

3. Rehabilitation benefits

If you suffered a permanent injury you are also entitled to rehabilitation services under the Defense Base Act.

4. Death benefits

If a person passes away due to an injury while working overseas, the surviving spouse can receive death benefits amounting to half of the decedent’s average weekly wage, two-thirds of the average weekly wage for themselves, and two or more children. In addition to the compensation for monetary losses, the family can also receive up to $3k for funeral expenses.

Is accepting a lump sum settlement better than accepting ongoing benefits?

In most circumstances, disability benefits received through a Defense Base will be paid out in ongoing installments. Still, the insurance company may accept to pay you out using a lump sum. Speak with an attorney and they’ll evaluate your situation and provide you with the pros and cons of receiving your benefits in installments or all at once.

Speak with a Defense Base Act Attorney if you need a precise DBA insurance calculation

Remember - even if a DBA insurance calculation seems overly complex, you don’t need to go through the process of filing a claim alone. In fact, considering many claims are rejected or undervalued (especially if they deal with psychological issues like PTSD) hiring a DBA attorney is recommended.

For the most reliable legal services in Florida, reach out to the Law Offices of RITE. We’ll gather all the necessary information, communicate with your physicians, and calculate the value of your claim.

Apart from taking over the intricate parts of the claim, we’ll also fight on your behalf to ensure the best possible outcome for your DBA claim. Best of all, we don’t charge any upfront fees and will only take a tiny percentage of the claim when we complete our end of the deal and recover favorable compensation.

Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com, and we’ll evaluate your case free of charge.

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.