Possible Obstacles in a Defense Base Act Claims

Posted on Wednesday August 26, 2020

If you are injured working as a defense contractor on foreign soil, you should be entitled to benefits under the Defense Base Act. These claims can be complicated, however, and insurance companies can present many obstacles to receiving payment. 

When you go to work overseas as a defense contractor, you might be nervous about the many risks of injuries you might face. A job-related injury or illness can require costly medical treatment and might sideline you from work, causing you to lose income for some time. Fortunately, the Defense Base Act (DBA) provides benefits for contractors working for the United States in foreign countries, similar to workers’ compensation benefits for domestic workers. 

While DBA benefits can make all the difference during your injury or illness recovery, the insurance companies handling claims do not always make it simple to obtain the benefits you need. It is important to have the help of DBA attorneys, as you might face obstacles during your claim that should be addressed by a legal professional. 

Challenges to Your Claim

Insurance companies are supposed to pay out on valid claims, and you might expect them to do so. However, you should remember that insurance companies are businesses first, and the less they pay on claims, the greater their profits will be. This includes limiting benefits paid on Defense Base Act claims. 

Insurance companies have many tactics they use to present obstacles to DBA claimants in hopes of limiting payouts. These can include:

Challenging the cause of your injury – In order for you to be eligible for DBA benefits, your injury must have stemmed from your job duties or work environment. Insurance companies often question whether your injuries happened from your stated work-related cause or from another accident that happened off-the-job in order to deny your claim.

Challenging the severity of your injury – DBA benefits cover your medical expenses and lost wages if your injury caused you to miss work. However, insurance companies will only cover treatment and lost wages deemed necessary for your recovery. If an insurer claims that your injuries are not as serious as you state, and that you do not need all of the treatment or time of work you are claiming, they are trying to limit your coverage. 

Causing unnecessary delays – In some situations, insurance companies will request additional (often, excessive) documentation or might otherwise cause delays in resolving your claim and awarding benefits. The longer you have to wait, the more likely you might be to accept a settlement or benefits that are less than you deserve.

The good news is that skilled DBA lawyers know how to combat all the tactics of insurance companies to ensure you receive all of the payments you deserve under the law. 

Contact Our DBA Attorneys for Assistance Today

Many DBA claimants come up against roadblocks, delays, and obstacles before their claims are resolved favorably. The DBA attorneys at Mara Law Firm handle the claim process for clients from start to finish, always fighting for maximum benefits in each case. Call (619) 234-2833 or contact us online for a free consultation and case evaluation.