Defense Base Act Attorneys

Our Attorneys Get Maximum Defense Base Act Benefits

If you are injured on the job while overseas, you must notify your employer in writing within 30 days of the incident. An official Defense Base Act claim has to be filed within 1 year of the injury. It is very important follow this time frame in mind, or you may be denied DBA benefits.

Talking to a specialized Defense Base Act attorney immediately following your injury helps make sure that you will receive all of the benefits you are entitled to as an overseas employee.

Many times your employer or their insurance company will tell you that you are receiving all of the benefits you are entitled to, when in fact you are not getting the full DBA compensation for which you qualify. Sometime they will even craftily draw up the settlement papers to terminate a worker’s right to all future benefits under the Defense Base Act.

Retaining a Defense Base Act attorney is completely FREE, and your lawyer fees are payable by the insurance company, once approved by the United States Department of Labor.

Our experienced Defense Base Act attorneys will ensure that you receive the maximum benefits to which you are entitled, to provide you with care, an income & peace of mind during your recovery process.

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Your Defense Base Act Rights

#1. Employers of covered employees are required to provide Defense Base Act compensation & medical benefits. Employers must either purchase DBA insurance from an authorized DBA insurance carrier, or obtain Department of Labor authorization to be self-insured.

#2. An employer CANNOT fire or in any way discriminate against an employee because he or she has claimed or attempted to claim DBA compensation.

#3. You do not have to be an American United States citizen to qualify for Defense Base Act benefits, if you meet the other criteria.

#4. Your injury does not have to occur while you are “on the clock” performing duties to collect DBA benefits.

#5. If you are denied benefits you are entitled to a review process which includes: an informal conference; a formal hearing before an Administrative Law Judge; review by a Benefits Review Board; appeal to U.S. District Court or U.S. Court of Appeals; and finally application to the U.S. Supreme Court.

#6. The employer or insurer CANNOT deny a claim because the worker “assumed the risk”. They also CANNOT deny a claim because of the negligence of another employee, or by claiming that the injured party was at fault (“contributory negligence”).

#7. If any installment of DBA compensation payable without an award is not paid within 14 days after it becomes due, an additional 10% may be added to the unpaid installment. If any compensation payable under an award is not paid by 10 days after becoming due, an additional 20% may be added.

#8. If the employer cannot cover the cost of the worker’s injury, they are in violation of Federal Law and are guilty of a misdemeanor. If found guilty, they can be charged up to $10,000, and/or up to a year in jail, or both.

Your Defense Base Act Benefits

The Defense Base Act is a form of workers’ compensation for certain civilian employees who were injured while working abroad. (See if you qualify HERE.)

Medical Treatment
The employer and/or their DBA insurance company must provide all necessary medical, physician, surgical & hospital care; as well as all medications, medical devices, therapy, etc. for as long as the injury or the process of recovery requires.

Temporary and Permanent Disability Benefits
The worker receives 2/3 or their average weekly earnings, up to the maximum amount. The maximum amount changes with the economy.

Call our attorneys to calculate your specific benefit amount.

Temporary disability benefits last for the duration of your illness and inability to work. Permanent disability benefits apply for life.

Death Benefits
In the tragic event of a worker’s death, the spouse or one child receives 1/2 of the weekly wage & two or more surviving family members receive 2/3 of the weekly earnings. If the worker is not married and has no children, benefits will go to next of kin. Death benefits apply for life.