Common Errors in Defense Base Act Claims

Posted on Tuesday February 18, 2020

Private defense contractors work hard for the United States in overseas posts. These jobs can come with a certain degree of risk – especially the risk of job-related injuries and medical conditions. Traditional workers’ compensation coverage does not apply in these scenarios, so the Defense Base Act (DBA) was passed to ensure that overseas contractors and employees have financial support in the event of an injury.

If you sustained a work-related injury or illness while working as a contractor overseas, you will need to file a DBA claim to seek benefits to cover your medical expenses and other losses. However, the claim process is rarely easy, and many people are denied the benefits they need. It is always wise to seek help from a DBA attorney if you need to file a claim, and the following are only some examples of common mistakes people might make when they handle claims on their own.

Failing to Report Income Accurately

You will need to report your income as part of your claim, which means ALL of your income. The higher your total income, the more compensation you might be eligible to receive. Consider all sources of income and ensure you have proof, including:

• Salary
• Bonuses
• Incentives
• Per diems
• Stipends
• Paid housing and medical
• Reimbursement of expenses

Releasing Your Full Medical Record

The DBA insurance company will almost certainly request permission to access your medical records. This might make sense, considering they are evaluating your injuries, though there is no reason the company should be able to access your entire medical history. Many people inadvertently fail to limit access to medical information, which can cause problems with the overall claim.

Talking to the Insurance Adjuster

When you report a work-related injury, you can expect a call from an adjuster representing the insurance company. The adjuster will likely ask you to answer some questions and give a statement while they record the conversation. Many people do not realize that they are not required to do so – and that speaking with the adjuster can be a mistake. It is easy to say something that can be misconstrued and used to limit your benefits. Always have an experienced attorney handle communication with adjusters on your behalf.

Not Consulting with an Attorney

You might think the claim process seems simple. After all, you know you were injured on the job, and you should expect the insurance company to pay benefits as the DBA requires. However, as said, claims usually do not go as planned. Insurance adjusters will challenge your claim and try to minimize your benefits, knowing that most injured people will accept what they are offered. You do not have to accept benefits or a settlement that is far too low – instead, seek help from an experienced DBA lawyer.

Learn more: Timeline for DBA Claims

Learn How a DBA Attorney Can Help with Your Claim

After an injury while working overseas, a DBA attorney at the Mara Law Firm is here to help. Call (619) 234-2833 or contact us online for an evaluation of your rights today.