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The Defense Base Act is an important law that protects civilian contractors of the United States government. If you have been injured while performing defense work as a civilian defense contractor, it is important to understand your legal right to worker’s compensation benefits. You need the advice of an experienced Defense Base Act attorney. At the Mara Law Firm, our experienced lawyers have helped many clients file Defense Base Act claims. Call (619) 234-2833 today to schedule your free consultation with a California Defense Base Act attorney.

What is the Defense Base Act?

According to the United States Department of Labor, the Defense Base Act (DBA) 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 means that qualified workers with an eligible injury can access worker’s compensation benefits regardless of who the official employer is, or whether the worker has been classified as an independent contractor.

Reasons a worker might be ineligible for a DBA claim

Because the DBA allows workers access to worker’s compensation benefits, the injured worker must meet the same eligibility criteria required of any other worker’s compensation claims. Here are some common reasons why worker’s compensation claims – including DBA claims – can be denied:

It’s not clear that the employee’s conduct was within the course and scope of his or her employment.

Worker’s compensation benefits are only available for injuries that occurred within the course and scope of employment. The “course” of employment refers to being on duty at the time of the injury. If, for example, the employee was clocked out and eating lunch, an injury would probably not be within the course of his or her employment. The “scope” of employment refers to those acts that the employer reasonably expects the employee to perform as part of his or her job. If, for example, an employee intentionally assaulted a customer, this would be outside the scope of acts required of the employment, and worker’s compensation benefits would not generally be available.

The employee did not document his or her injuries sufficiently.

Worker’s compensation is based upon medical bills that are validly incurred for a qualifying injury. If you do not see a doctor, or see a doctor too late, or fail to follow up with recommended medical treatment, you may not be able to prove the amount of medical bills that should be covered for the injury. Worker’s compensation claims investigators are trained to look for clear medical documentation of the injuries you sustained and the treatment that will be required. If the treatment is disproportionate to the injuries sustained, the insurance carrier may deny payment of medical bills they claim to be excessive. If you fail to follow up with recommended medical treatment, the insurance company might claim that you exacerbated your own injuries. This is why it is so important to see a doctor as soon as possible after an injury and follow through with all recommendations for treatment.

Experienced Employment Attorneys for National Defense Base Act Claims

If you have been injured on a defense base, you might be eligible for worker’s compensation benefits. It is important to consult with a Defense Base Act attorney about your legal rights. Call the Mara Firm today at (619) 234-2833 to schedule your free consultation. Our experienced worker’s compensation lawyers have handled many DBA claims. We will fight for your rights so you can focus on making the best recovery possible.

  • I remember screaming at a dear friend of mine saying, “WHY WON’T THE INSURANCE COVER MY TREATMENT!” He said, “…because they know if they do it will increase your settlement.” I said, “WHAT SETTLEMENT! I JUST WANT TO GET TREATMENT! I DIDN’T ASK FOR A SETTLEMENT!” Somewhere I found out that for some insurance companies they are more concerned with protecting their money. This means you are thinking about treatment and getting better while they are thinking about money. Get someone that is on your side that will fight for you. They fought for me…and won.

    Mara Law Firm ClientSan Francisco

  • He represented myself and many old CO-workers. They were very professional & I’d recommend them to anyone. Great Lawyers for the forgotten working man.

    ScottSan Francisco

  • I would definitely recommend David and really appreciated all the hard work he contributed. David really went the extra mile to help his customers. We were very happy and satisfied with his services. Thank you David!

    Mara Law Firm ClientSan Francisco

  • Mr. Mara was a pleasure to work with. He kept me in the loop. Can’t say enough how good it feels to have someone fighting for you, giving you a voice.

    AlbertSan Francisco

  • I was blown away by the results my case got. It far exceeded my expectations. Not only do you get someone who is a great professional; but he will fight for what you deserve. I was uncertain in the beginning; now I’m a believer. Mr. Mara is also personable. Lisa his paralegal was tremendous throughout the whole process. She would keep me updated on the whole process. Don’t cheat yourself by using anyone else; you will be taken care of the right way if you choose Dave

    Jerome HarrisSan Francisco

  • Mr. Mara and his firm helped me file a claim for death benefits on behalf of my late husband. I was very pleased with his knowledge, research, and representation regarding my DBA claim for death benefits. I would absolutely recommend him and its associates to my friends, family, and others needing an attorney who specializes in employment, personal injury, and death benefits. Mr. Mara was very compassionate, timely, and responsive to my family’s needs. I can’t thank him enough.

    Sally A ChandSan Francisco

  • Dave Mara  did an outstanding job on my DBA case. Dave I personally want to thank you for guiding me in the right direction and having a successful case outcome. God bless you for all the effort you put into my DBA case. Words can’t describe how thankful I am. Thank you for helping injured over seas contractors.

    Jim Joned San Francisco

  • Mr. Mara and his staff were very professional and I would highly recommend Mr. Mara. Mr. Mara had my best interests in settling my case and I am very appreciative of all he and his staff did for me. If I ever needed help or had simple questions, Mr. Mara and his staff were always available to take my calls and help me. Highly recommend this firm!

    DebSan Francisco

  • Dave Mara  comes with a very high recommendation. He took a workmans compensation case for me and really handled it well. It was an unclear case, and a new issue that the WC most likely had never seen. He kept me up to date with the long confusing process and was very understanding and sympathetic to my plight( I was the victim of a violent crime). Dave has no big lawyer shenanigans and dramatic posing, he is a down to earth, fair , honest hard working lawyer who really does not seem like an an attorney at all. I recommend anyone in the SD area to consult with Dave it was a painless process.

    Linda DSan Francisco

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