CA Defense Base Act Attorneys
For Civilians Injured Overseas

Frequently Asked Questions About Hiring a Defense Base Act (DBA) Attorney

Suffering a work-related injury while employed overseas on a government contract can create a uniquely difficult challenging situation. The Defense Base Act provides specialized federal workers’ compensation protection for civilian contractors, but navigating the “DBA” system requires understanding complex regulations and procedures unfamiliar to most people – and even unfamiliar to many attorneys.

For injured overseas contractors, questions about medical treatment, compensation benefits, and future security often arise during an already stressful time. The distance from home, potential language barriers, and unfamiliar healthcare systems compound these challenges, making professional guidance particularly valuable.

Many injured contractors and their families struggle to understand their rights under this specialized law and face powerful insurance companies with teams of adjusters and lawyers focused on minimizing claims. During this vulnerable time, having accurate information from an experienced Defense Base Act attorney can make a crucial difference in securing the maximum benefits for which you qualify.

The California DBA law firm of Cantrell Green has represented overseas contractors for decades, developing the specialized expertise the unique area of Defense Base Act law demands. In this article our California Defense Base Act attorneys have compiled answers to the questions most commonly asked by injured contractors considering legal representation for their DBA cases.

What Makes Defense Base Act Claims Different from Other Injury Claims?

The Defense Base Act creates a specialized federal workers’ compensation system specifically for civilian contractors working overseas on U.S. government projects. Unlike domestic workers’ compensation or personal injury claims, DBA cases operate under distinctive federal regulations administered by the U.S. Department of Labor’s Division of Longshore and Harbor Workers’ Compensation. This unique framework includes specific filing requirements, deadlines, and benefit structures that differ substantially from other compensation systems.

DBA claims present unique jurisdictional and practical challenges. Cases often involve injuries occurring in conflict zones, remote locations, or foreign countries with limited medical facilities. Evidence must frequently be gathered from witnesses scattered across the globe, and medical treatment may begin overseas before continuing in the United States. These logistical complexities require specialized knowledge to navigate effectively.

The “zone of special danger” doctrine represents another distinctive aspect of DBA law without parallel in regular workers’ compensation systems. This doctrine extends coverage beyond traditional work injuries to include many off-duty incidents that occur due to the overseas environment. Understanding the evolving interpretation of this doctrine requires specialized legal knowledge that general practice attorneys typically lack.

When Should I Contact a DBA Attorney After an Overseas Injury?

Contacting a DBA attorney immediately after an injury—even before returning to the United States if possible—provides significant advantages. Early legal involvement allows your attorney to help coordinate medical evacuation if necessary, ensure proper initial documentation of your injury, and provide guidance on communicating with your employer and their insurance carrier during the critical early phase of your claim.

Many contractors make unintentional mistakes in the days and weeks following an injury that later compromise their claims. These include providing recorded statements without legal guidance, failing to properly document injuries in challenging environments, or not understanding how to ensure overseas medical records are properly translated and transmitted. Experienced DBA attorneys can help you avoid these pitfalls from the beginning.

Even if your employer and their insurance carrier initially appear supportive, circumstances often change as claims progress and costs increase. Having an established relationship with a knowledgeable DBA attorney from the California DBA Law Firm of Cantrell Green ensures you have immediate access to specialized guidance if your claim becomes disputed, rather than trying to find representation during a crisis while dealing with serious injuries.

How Are DBA Attorneys Compensated for Handling These Claims?

DBA attorneys typically work on a contingency fee basis, meaning they receive a percentage of the compensation secured for you, but only if they successfully recover benefits on your behalf. This arrangement allows injured contractors to obtain quality legal representation without paying upfront retainers or hourly fees—an important consideration when you’re facing medical expenses and lost income.

A distinctive feature of the Defense Base Act provides that when a claim is contested by the insurance carrier and later resolved in your favor, the carrier may be ordered to pay your attorney’s fees separately from your compensation. This fee-shifting provision, when applicable, allows you to retain more of your benefits while ensuring your attorney is fairly compensated for successfully challenging an improper denial of benefits.

The California DBA Law Firm of Cantrell Green provides complimentary initial consultations to evaluate your claim and explain the fee structure that would apply to your specific situation. During this consultation, you’ll receive a clear written explanation of all potential costs and contingencies, allowing you to make an informed decision without financial pressure during an already stressful time.

What Specific Services Do DBA Attorneys Provide?

Specialized DBA attorneys serve as your advocate throughout the complex claims process, beginning with proper notification of your injury to your employer and the Department of Labor. They ensure all required forms are correctly completed and filed within strict regulatory deadlines, avoiding technical deficiencies that can delay or jeopardize benefits.

As your claim progresses, DBA attorneys communicate directly with insurance adjusters, claims examiners, and opposing counsel, protecting you from potentially damaging direct interactions. They coordinate medical evidence collection from providers both overseas and domestically, ensuring your condition is properly documented according to the specific requirements of the Defense Base Act system.

If your claim faces challenges, experienced DBA attorneys from the California DBA Law Firm of Cantrell Green represent you at all levels of the adjudication process—from informal conferences with Department of Labor claims examiners to formal hearings before Administrative Law Judges and appeals to the Benefits Review Board if necessary. Throughout this process, they develop and present medical, vocational, and factual evidence supporting your right to maximum benefits under the law.

Can Any Personal Injury or Workers’ Compensation Attorney Handle My DBA Claim?

Most personal injury and workers’ compensation attorneys lack the specialized knowledge needed to effectively handle Defense Base Act claims. The DBA operates under a unique federal framework with distinctive procedures, case law, and administrative structures that differ significantly from state-based systems. Without specific experience in this area, even otherwise competent attorneys may miss critical opportunities or make procedural errors that compromise your benefits.

The international aspect of DBA claims creates additional complexities unfamiliar to most domestic practitioners. Understanding how to coordinate medical care across international boundaries, work with foreign healthcare providers, and navigate the “zone of special danger” doctrine requires specialized experience rarely found outside dedicated DBA practices.

For optimal results, injured contractors should seek attorneys who focus a substantial portion of their practice specifically on Defense Base Act claims. The California DBA Law Firm of Cantrell Green has dedicated decades to representing overseas contractors, developing the specialized knowledge and international contacts necessary to effectively navigate these unique cases. This focused experience allows us to anticipate challenges, develop effective strategies, and maximize the benefits you receive.

What Benefits Am I Entitled to Under the Defense Base Act?

Defense Base Act benefits include comprehensive medical coverage for all reasonable and necessary treatment related to your work injury, with no deductibles or co-payments. This coverage extends for the lifetime of your injury, potentially providing decades of medical care regardless of cost. Unlike many domestic workers’ compensation systems, there are no arbitrary treatment limitations or preset maximum dollar amounts for medical benefits under the DBA.

Disability compensation under the DBA is calculated based on your average weekly wage (AWW) at the time of injury, including base pay, hazard pay, post differentials, and often certain allowances or in-kind benefits. These calculations differ significantly from domestic workers’ compensation systems and require specialized knowledge to ensure all compensable earnings are properly included. Maximum compensation rates under the DBA are substantially higher than most state systems, making accurate wage calculations particularly important.

The Defense Base Act provides several categories of disability benefits based on your medical condition and work status: temporary total disability while recovering, permanent partial disability for lasting impairments, permanent total disability for career-ending injuries, and death benefits for surviving family members. Experienced DBA attorneys from the California DBA Law Firm of Cantrell Green understand how to establish eligibility for these various benefits and maximize the compensation you receive under each applicable category.

What Happens if My Defense Base Act Claim is Denied?

If your DBA claim is denied, specialized legal representation becomes even more crucial. The appeals process involves multiple levels, beginning with an informal conference conducted by a Department of Labor claims examiner. Your DBA attorney will prepare evidence supporting your claim, develop legal arguments addressing the specific grounds for denial, and represent your interests during this conference.

If the claim remains disputed after the informal conference, your attorney will prepare for a formal hearing before a Department of Labor Administrative Law Judge. This proceeding resembles a trial, with testimony, cross-examination, and legal arguments. Specialized DBA attorneys understand how to effectively present medical and factual evidence according to the specific standards applied in these hearings, significantly improving your chances of success compared to self-representation.

The California DBA Law Firm of Cantrell Green has successfully overturned numerous claim denials for overseas contractors, securing benefits for injured workers who might otherwise have received nothing. Our extensive experience with the specific Administrative Law Judges who handle DBA cases allows us to anticipate challenges and develop effective strategies for presenting your claim in the most favorable light possible.

How Do I Select the Right DBA Attorney for My Case?

Specific experience with Defense Base Act claims should be your primary consideration when selecting an attorney. Inquire about the number of DBA cases they’ve handled, their familiarity with claims from your specific region of deployment, and their track record in similar cases. True DBA specialists will readily demonstrate their focused expertise rather than simply claiming general workers’ compensation knowledge.

The resources and capabilities of the firm matter significantly in DBA cases, which often require coordination across international boundaries. Ask potential attorneys about their ability to work with medical providers in foreign countries, their experience handling the unique evidentiary challenges of overseas claims, and their relationships with expert witnesses who understand the specialized nature of contractor injuries. Firms with established international networks typically provide more effective representation in complex overseas cases.

The California DBA Law Firm of Cantrell Green combines deep specialized knowledge with the resources necessary to handle complex international cases. Our decades of experience representing overseas contractors throughout Afghanistan, Iraq, Kuwait, and dozens of other countries has built a global network of contacts and resources specifically focused on DBA claims. This unique combination of expertise and capability allows us to provide comprehensive representation regardless of where your injury occurred.

What Common Mistakes Should I Avoid When Pursuing a DBA Claim?

One critical mistake is failing to report injuries promptly and thoroughly. The challenging environments where many contractors work can make proper documentation difficult, but contemporaneous reporting significantly strengthens your claim. Ensure all injuries are reported in writing to your supervisor, no matter how minor they initially appear, and maintain copies of all reporting documents.

Many contractors damage their claims by providing recorded statements to insurance representatives without legal guidance. These statements can be misinterpreted, taken out of context, or used selectively to dispute aspects of your claim. Insurance adjusters may present themselves as helpful advocates, but their primary duty is to their employer, not to you. A specialized DBA attorney can ensure your communications protect rather than compromise your rights.

Perhaps the most costly mistake is accepting settlements without expert evaluation of their adequacy. Insurance carriers frequently offer settlements that appear substantial but fail to account for lifetime medical needs, permanent disability, or future complications. The California DBA Law Firm of Cantrell Green can accurately assess the true value of your claim based on decades of experience with similar cases, ensuring any settlement truly reflects your current and future needs rather than merely resolving your claim at minimal cost to the insurance carrier.

DBA Attorneys | California

Securing appropriate compensation for injuries sustained during overseas contract work presents unique challenges that specialized legal representation can help you overcome. The Defense Base Act provides valuable protections for civilian contractors, but effectively navigating this system requires expertise rarely found outside dedicated DBA practices.

The California DBA Law Firm of Cantrell Green brings decades of focused experience representing injured overseas contractors in every phase of the Defense Base Act process. Our attorneys understand not only the legal complexities but also the practical realities facing contractors injured far from home while serving in support of U.S. government operations worldwide.

We invite you to contact our California offices for a free consultation to discuss your specific situation and learn how our specialized DBA attorneys can help secure the benefits you deserve. With knowledgeable guidance from attorneys who focus specifically on Defense Base Act claims, you can navigate this challenging process with confidence that your rights and future security are being protected by experienced advocates dedicated to your wellbeing.

Call today, or fill out the short form on the right to schedule a FREE CONSULTATION with one of our skilled and experienced Defense Base Act Attorneys.

Free Consultation with a Defense Base Act Attorney: 800-964-8047