Defense Base Act Claims - A Quick Guide

If you spent any time working overseas as a civilian contractor on behalf of the US government, you were probably exposed to many hazards. However, while service members can always receive VA care, as a civilian contractor, your only recourse is pursuing a Defense Base Act (DBA) claim. 

According to the Defense Base Act, all government contractors are legally required to provide workers’ comp for their employees. Thus, if you’re hurt on the job, you can pretty much receive the same benefits as a worker who suffered harm on US soil. 

There’s only one problem:

Filing a DBA claim is rarely easy and reaching a satisfactory outcome can be a frustrating process. Fortunately, learning a bit more about the process and finding out how is DBA claim calculated can help alleviate some of the inherent frustration.

Types of benefits you can recover

If you are covered by the Defense Base Act and suffer an injury, you can recover the following benefits:

1. Medical benefits

If your claim is approved, you can receive compensation for reasonable medical care provided by a physician of your choice. This may include physician services, outpatient and inpatient hospital care, prescription medication, mental health services, and so on. 

2. Disability wage benefits

You are entitled to disability wage benefits if you suffer any sort of disability. The amount of replacement wages will depend on the severity of your injury and a multitude of other factors.

Under the DBA, you can receive the following disability wage benefits:

• Temporary partial disability 

If you are suffering from a temporary partial disability, you may still be able to do some work. Because of this, you are eligible to receive two-thirds of lost wages for a period of up to five years.

• Temporary total disability

You can collect temporary total disability benefits if you are unable to do any work because of your injury but you’ll be able to return to work once you heal. In such cases, you can receive two-thirds of your average weekly wage for the remainder of your disability. 

• Permanent partial disability 

If you sustained an injury that caused a permanent physical limitation, you can receive permanent partial disability benefits. This percentage of benefits corresponds to the extent of the injury that involves a less-than-total loss of function of a body part. 

• Permanent total disability 

Individuals suffering from a permanent total disability will sadly never return to the work they did before their injury happened. Permanent total disability benefits equate to two-thirds of the average weekly wage adjusted according to the US national average weekly earnings. 

3. Death benefits

If a spouse or a family member passed away due to a condition or an occupational injury, you can recover the following death benefits under the Defense Base Act:

• Half of the average weekly wage for you and one child
• Two-thirds of the deceased’s average weekly wage for you and two more children
• Reasonable funeral expenses (up to $3k)

How is DBA claim calculated?

Calculating a DBA claim or a settlement requires a lot of information. You’ll have to ascertain the severity of the injury, possible recovery time, and whether you will be able to do a similar job once you reach your maximum recovery.

Although all three seem simple, they’re actually very hard to quantify and call for opinions from different experts. This is why we recommend hiring an attorney familiar with DBA claims.

One of the techniques an attorney will use to determine how is DBA claim calculated is figuring out your average weekly wage, which is at the center of disability benefits. This isn’t easy, and here’s an example of what it involves.

If you worked with one employer for a year and had a consistent five or six-day-a-week work schedule, the attorney will multiply your daily wage by 260 or 300 (for a five and six-day workweek respectively). 

It’s necessary to divide that figure by 52 (number of weeks in a year) and you’ll have your average weekly wage. 

In cases with casual or a seven-day work schedule, it’s impossible to use the formula provided above so you should consult an attorney before filing the claim. 

Once you have all the required information, the attorney can communicate with your employer’s insurance provider about the DBA settlement. Generally speaking, if you’re filing a claim on your own, the insurer will most likely propose a settlement. To maximize your claim and see to it that you’re receiving the benefits you’re entitled to, an attorney can negotiate on your behalf. 

Insurance providers aren’t looking out for your best interests as their main goal is to minimize their losses. As such, they’ll attempt to get you to settle for the least possible amount they can get away with. 

Many injured workers are unfamiliar with how much money they can actually recover and will say yes to any amount out of fear. Hiring an attorney helps you learn the value of your claim, significantly levels the playing field in negotiations, and ensures the best possible outcome for your DBA claim. 

Is a lump sum settlement better than ongoing benefits?

By default, DBA disability benefits are ongoing. This is perfectly fine in most scenarios, but in some circumstances, a lump may be more beneficial. It all depends on your personal preferences - ongoing benefits may provide you with more financial security in the long run, but a lump sum may help you gain more financial control. 

Talk to an attorney about the most favorable resolution to your DBA claim. 

Ensure a smooth DBA claim with Law Offices of RITE

Learning how is DBA claim calculated is simply the start of a sometimes arduous process that may take several months to complete. Sadly, you may not have the time or energy to deal with the claim on your own. After all, you’re recovering from your injuries and shouldn’t be expected to take over the entire burden of a DBA claims process.

With the Law Offices of RITE, you don’t have to. As one of the most reliable DBA attorneys in Florida, we can take over all the intricacies of your Defense Base Act claim, gather all the necessary information, file your claim in a timely fashion, and negotiate on your behalf to lock down a settlement you are entitled to. 

Call (904) 500-RITE (7483) or send an email to info@rite4justice.com to schedule your free consultation.

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.