Halt | October 10, 2019 | 0 Comments

Do I Have a Defense Base Act Claim?

Is your employer a government contractor? Did you suffer an injury while working overseas?

If you answered yes to those questions, you may be eligible to file a DBA claim.

The Defense Base Act (DBA) requires government contractors to offer workers’ claim benefits to any employee while working overseas. If the injury causes the death of an employee, the survivors of the deceased are also eligible to receive these benefits.

Want to learn if you’re eligible for workers’ compensation benefits under the DBA? We’ve got you covered. Here are the 3 questions you should ask yourself to learn if you’re eligible to file a DBA claim today.

1. Does Your Injury Fall Under the Defense Base Act Employment Activities?

You may think DBA claims stem from any injury while working for a government contractor. However, the law states injuries must occur during certain employment activities.

This regulation covers injuries or death caused by injuries during the following employment activities.

  • You work for a private government contractor in U.S. military stations, U.S. territories or land used for these purposes.
  • You operate under contracts overseas approved and funded under the Foreign Assistance Act.
  • You provide welfare or similar services overseas for the Armed Forces under an American employer.
  • You work on public contracts with a government agency related to national defense or war activities.

If your injury didn’t happen under these conditions, you may not be eligible to file a DBA claim. Yet, you should consider consulting a Defense Base Act Lawyer to learn more about how this law works and your eligibility to file a case.

2. Did You Report Your Injury Right Away?

Reporting your injury as soon as you learn about it is one of the basic requirements to file a DBA claim.

Once you suffer an injury, you should inform your supervisor immediately.

Besides reporting the incident in person, it’s important to get it in writing by sending an e-mail or fax. Make sure to keep a copy of this communication to use it later on in your claim.

3. Did Your Injury Require Medical Care?

While you may not want to visit a doctor, it’s vital to obtain medical care. Your doctor will tell you more about the seriousness of your injury, treatment, and side effects of the incident.

A medical professional will also document the state of your injury and prognosis.

After you file your claim, you may use your medical record as evidence in your case.

The Bottom Line

Understanding how the Defense Base Act works is the first step to file a claim.

Yet, it’s important to meet the basic requirements to obtain the best outcome in your case. Remember that your eligibility depends on your employment activity falling under the DBA.

Were you working overseas when you suffered the injury?

If so, did you report it to your supervisor? Remember that you may report your injury in person.

However, it’s preferable to notify it in writing by e-mail or fax so you can reference it later on. Before filing a claim, you must gather all evidence of the incident such as medical records, witnesses, among other information.

While you may be able to file the claim yourself, you should consider consulting an attorney. An expert in DBA claims will guide you every step of the way and help you obtain the best payout in your case.

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