Why Was Your Defense Base Act Claim Denied?

Posted on Tuesday February 04, 2020

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.