Do You Need to File a DBA Claim? Avoid These Mistakes

Posted on Tuesday June 01, 2021

Too many injured defense contractors make common mistakes when filing a claim under the Defense Base Act (DBA). Do not risk losing benefits you deserve – instead, seek assistance from an experienced DBA attorney right away. 

Many private contractors sustain various injuries while working for the United States defense overseas. The primary source of compensation following this type of on-the-job injury comes from the Defense Base Act (DBA), which provides benefits similar to workers’ compensation for domestic workers. 

Too many people make errors during the DBA claim process that results in lower benefits than they truly deserve – or no benefits at all. Always seek help from experienced DBA attorneys if you need to file a claim. Below are some examples of mistakes to avoid while filing a DBA claim. 

Learn more: What to Do Before Filing a Defense Base Act Claim

Saying Too Much to Insurance Adjusters

Not long after you report your work-related injury, you can expect an insurance adjuster to contact you. They will likely ask you for a recorded statement, and they might say that this is a normal step of the process. However, giving a recorded statement is not required for your claim, nor is it recommended. 

It is far too simple to say something that makes the insurer question the severity of your injuries or the cause of your injuries. Adjusters can take even a simple statement (that you would hardly even consider) and twist it around to limit your benefits. Politely decline to provide a statement, and then let an experienced DBA attorney handle the rest of your insurance communications.

Giving the Insurer Access to All of Your Medical Records

The insurance company will request to access medical records, and you will certainly need to provide records relating to your work injuries. However, giving them access to your full medical history can work against you and is rarely necessary. Provide access to relevant records and maintain your health information privacy when it comes to past unrelated medical files. 

Not Having Accurate Income Information

Your DBA benefits for lost wages will depend on your usual income, so it is important to make sure that you accurately report all of your earnings. This includes:

1. Regular salary or wages
2. Bonuses
3. Incentives
4. Stipends
5. Paid housing
6. Paid medical
7. Reimbursed expenses
8. Per diems
9. Overtime

If you underreport your income, you might qualify for fewer wage replacement benefits than you otherwise would. You want to make sure that your DBA claim covers the maximum amount of wages you lost due to your injuries. 

Not Hiring a DBA Attorney

Because the law protects workers injured while working as private defense contractors overseas, you might assume that your claim will resolve fairly easily. However, insurance companies will still try to limit your benefits to increase their own profits. Having an experienced lawyer who regularly handles DBA claims can increase your chances of receiving the maximum benefits that you deserve. Having legal representation gives you leverage and helps to avoid making common errors that can jeopardize your benefits. 

Learn more: Can you handle your own DBA Insurance Claim?

Learn How Our DBA Attorneys Can Help

At Mara Law Firm, our attorneys know how to help injured workers with the DBA claim process. Call (619) 234-2833 or contact us online to discuss what caused your injuries and your rights.