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The Timeline of a DBA Claim

Posted on Thursday March 05, 2020

After you sustain a serious injury on the job as a defense contractor and you file a DBA claim, it is natural to wonder how long it might take to receive your benefits. As you need medical treatment, time off work, and other care, the financial losses can add up. While it is normal to be impatient when it comes to getting payment, the reality is that there is no standard timeline for DBA claims. Some claims might be settled in less than six months, while more complicated cases might take longer. 

You should never hesitate to discuss your situation with an experienced DBA attorney so they can evaluate a possible timeline for your specific claim. The following is a brief overview of how long the DBA process might take.

Filing Your Defense Base Act Claim

You must prepare and bring a claim with the Division of Longshore and Harbor Workers’ Compensation (DLHWC). This requires gathering evidence including proof of your employment as a contractor overseas and proof of your injuries, including how they happened and your required treatment. 

The insurance company will soon contact you, promising they are there to help. They are not on your side, however, as an adjuster’s job is to limit claim settlements whenever possible. Sometimes, your claim might be granted by the insurance company, and you can receive benefits rather swiftly. However, all too often, an adjuster will deny your claim at the DLHWC level, though this is not the end of the road. An experienced DBA attorney can stand up to the insurance company and fight for the benefits you deserve, hopefully without the need for further appeals. 

Office of Administrative Law Judges (OALJ) Hearing

If your claim remains denied, our attorneys can request an administrative hearing for review of the matter by the Office of Administrative Law Judges (OALJ). It can take up to two months or longer to get your hearing on the docket, during which you will not be receiving benefits. Once your case is docketed, it can take up to four months for your formal hearing or trial. This means an OALJ appeal can take up to nine months in some cases. During this time, your lawyer can be preparing for your trial, and you might participate in mediation to try to avoid the need for trial. 

The OALJ Decision

The OALJ generally advises that a decision can take around five months following your trial. The complexity of your case will affect how long it takes the judge to write their formal ruling, and it might take anywhere from three months to a year. It will be worth the wait if you finally are granted the benefits you deserve.

Contact an Experienced DBA Attorney as Soon as Possible

The DBA claim appeal process can take time, so it is important to ensure you have the best chance of a claim approval from the start. Seek help from a DBA lawyer at the Mara Law Firm by calling (619) 234-2833 or contacting us online. We’re ready to help.