Federal contractor who’s been injured overseas or on a government contract?
As a contractor working abroad, you may not automatically obtain benefits if you are injured. The Defense Base Act claim filing process is lengthy, laborious, and complicated. This is especially true if your claim is contested, due to the volume of paperwork, documentation, and time required to appeal a denial of your claim. Grossman Attorneys has decades of experience handling dba claims and appeals and our staff are here to provide assistance in navigating the procedure. We will serve as your guide and advocate, ensuring that your rights are always protected.
Introduction to DBA Claims
The Defense Base Act protects civilian employees operating outside the United States, typically in US military bases, for national defense or under a government contract for public works and associated tasks. It provides medical care and reimbursement for employees injured or impaired in the course and scope of their employment.
The covered benefits include medical benefits, death benefits, and compensation for disability. Employees who are permanently disabled and unable to return to work without assistance may also benefit from rehabilitation programs.
Understanding the Defense Base Act Schedule of Benefits
If your injury doesn’t qualify for “body as a whole” benefits, you may be eligible for “scheduled award” benefits. These are based on a table that says how many weeks compensation you can receive for each injured body part.
The worker is entitled to financial compensation for travel expenses and mileage expended in getting all medical care, supplies, and other services relevant to the job injury.
What Are Scheduled Injuries Under the DBA?
An impairment that is permanent and for which compensation is paid according to a timetable is referred to as a “scheduled” injury. For instance, benefits for the loss of a thumb equal 75 weeks of compensation under Section 908 of the Longshore and Harbor Workers’ Compensation Act, which incorporates the DBA, which is normally 66-2/3 percent of your average weekly income.
Examples of Scheduled Injury Include:
Scheduled injuries include fingers, toes, hands, feet, eyes, nose, ears, knees, and elbows, and loss of hearing.
What Are Non-Scheduled Injuries Under the DBA?
Injuries, notably those to the brain, frequently impede a quick return to work and are classified as non-scheduled under the DBA. If you have a non-scheduled injury, your benefits are based on your pre-injury wages as well as what you can earn when the injury has healed. Your employer is responsible for compensating you for missed payments as a result of your injury.
Examples of Non-Scheduled Injury Include:
Occupational diseases, as well as injuries to the following body parts, are included in this category: hips, back, shoulders, brain injuries, injuries to internal organs, and PTSD as a result of your occupation.
How is the Value of an Impairment Rating Calculated for DBA Claims?
A body part’s impairment rating is its projected loss of function. A physician typically assigns a percentage of loss of use to a bodily component as a result of a worker’s accident. The percentage is then multiplied by the number of weeks for which the body component is considered.
To compute the financial worth of the impairment rating, you must first establish the average weekly wage of the afflicted worker. After determining the AWW, calculate the compensation rate. Workers’ compensation is equal to two-thirds of the average weekly wage.
Is There Any Additional Compensation Available Outside a Scheduled Injury?
The impairment assessment takes permanent partial disability benefits into account. Based on the injured worker’s medical treatment and ability to work, additional kinds of disability benefits will be made accessible.
Contact a Defense Base Act Claims Lawyer for Help
If you’ve been injured and need to make a claim under the defense base act, you may need an experienced dba law firm to help you fight the insurance companies. Our attorneys will review your situation and explain your legal options absolutely free of charge. We are here to answer any questions you have about your eligibility for DBA benefits and are committed to defending your rights and securing the highest compensation possible in your case. If you or a loved one is ready to get the help you deserve, consult with one of our attorneys right away.