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If you sustained an injury or illness while working on an overseas contract for the U.S., you likely have important rights to benefits under the Defense Base Act (DBA), which provides benefits to injured workers similar to workers’ compensation. Also similar to workers’ compensation claims, there are certain steps you can – and should – take to improve your chances of a successful claim. There is no guarantee you will automatically get approved for the benefits you deserve, so protecting your rights with the help of our experienced DBA attorneys is essential.
One important step is to get the medical attention you need as soon as possible after your injury. This might seem obvious, but you would be surprised how many people try to “wait out” non-emergency injuries. For example, you might strain your back and assume it will improve with time, so you do not make a doctor’s appointment. However, the pain might worsen over the next few days or weeks, making it impossible for you to go to work. Even if you eventually get medical treatment, it might adversely impact your claim.
In order to receive DBA coverage for medical expenses or lost wages, it is necessary to prove that your injury stemmed from the course of your employment. Injuries do not have to happen on a specific job site – if you are driving or working at a remote location when you are injured, you might still be eligible for coverage so long as you can prove the injuries were work-related.
The sooner you seek medical help, the easier it can be to connect your diagnosis with your job duties. If you wait days or weeks to get a diagnosis, the DBA insurance company might try to claim that your injuries could have happened at home or during recreational activities off the job. Getting a prompt treatment can often make the claim process significantly easier.
If it is time for you to see a medical professional, you should know that the DBA allows you to see a doctor of your choice. You are not obligated to seek treatment from a doctor approved or recommended by your employer or the DBA insurance company. You are also never expected to allow an insurance adjuster or representative to attend appointments with you to verify your diagnosis and treatment.
It is important for your doctor to create and update clear and complete records of your injuries, treatment recommendations, and prognosis, as this is what the insurance company will rely on when it comes to granting benefits.
If you sustained an overseas work-related injury or illness, you should not wait to contact the DBA attorneys at the Mara Law Firm. We can advise you on the best steps to take to protect your rights, as well as guide you through the claims process. Call (619) 234-2833 or contact us online for a case evaluation.
If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.
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