DBA Attorneys Fighting for Injured Civilian Contractors’ Claims
Have you or a loved one been injured or killed while working overseas as a civilian government contractor? As a global Defense Base Act Law Firm, Grossman Attorneys are here to fight for you. Our team of seasoned defense base act lawyers and paralegals will guide you through the complexities of the Defense Base Act, pursuing maximum compensation for your injuries or loss.
Whether you’re an employee injured on a U.S. Government contract or a family member seeking death benefits denied due to “natural causes” classification, we can help. Our expertise in the “Zone of Special Danger Doctrine” could be the key to securing the benefits you deserve.
With thousands of successfully handled claims and extensive experience before the U.S. Department of Labor, Grossman Attorneys is known for our responsiveness, thorough litigation style, and unwavering dedication to our clients. We go wherever you need us to be, providing proactive representation and support every step of the way.
Don’t navigate this complex process alone. Schedule your free case review today and let us show you the Grossman difference.
What is the Defense Base Act?
Before the enactment of the 1941 Defense Base Act, civilian government contractors injured overseas struggled to get workers’ compensation. This represented a significant problem as civilians contributing to the pre-World War II war effort weren’t getting the compensation they deserved for their injuries. Congress enacted the Defense Base Act (DBA) to close this insurance coverage gap by requiring American employers to provide overseas workers with DBA worker’s compensation insurance.
Part of the Longshore and Harbor Workers’ Compensation Act
The Defense Base Act is an extension of the 1927 Longshore and Harbor Workers’ Compensation Act. It covers civilian employees who suffer injuries or deaths while working outside the U.S. under U.S. service contracts for military purposes, national defense, or public works. DBA benefits include medical, disability, and death benefits.
What is a Defense Base Act Lawyer?
Defense Base Act lawyers are specialists who advocate for workers injured while employed overseas by U.S. government contractors. At Grossman Attorneys at Law, we navigate the complex process of filing claims and securing fair settlements under this niche area of injury law.
Should your employer or their insurance carrier fail to comply with the Act’s provisions, we’re prepared to take decisive action. Our defense base act lawyers have the expertise to negotiate settlements or, if necessary, file lawsuits to ensure you receive the compensation you deserve.
Our expertise extends to educating clients about their rights, providing essential resources, and guiding them through each step of the claims process.
Why Would You Need a Defense Base Act Attorney?
Engaging our firm goes beyond basic claim filing. We maximize compensation by identifying all potential avenues for recovery and developing tailored strategies based on thorough analysis of each unique case. Our precision in navigating complex filing requirements minimizes the risk of delays or denials.
We negotiate effectively with insurance companies and, when necessary, provide skilled representation in hearings or court proceedings. We understand how insurance carriers operate and can avoid many of the traps they set, using our extensive experience to anticipate and counter their strategies for minimizing or denying claims.
By partnering with us, you can focus on recovery while we handle the legal intricacies, ensuring you receive full compensation under the law.
Defense Base Act Lawyers Handle the Claim Process and Maximize Your Benefits
At Grossman Attorneys at Law, we excel in managing intricate cases under the LHWCA, including defense base claims. Our expertise encompasses zone of special danger scenarios and multi-jurisdictional claims. We collaborate with a network of medical and vocational experts to bolster cases with crucial evidence.
Our defense base act lawyers adeptly addresses complications arising from high-risk work environments and unusual contract terms. In disputes, our litigation experience ensures assertive representation in hearings or appeals. This comprehensive approach consistently results in securing maximum compensation for our clients.
Defense Base Act Attorney Fees
We prioritize transparency regarding legal fees for DBA cases. Typically, clients don’t pay our fees directly. In most successful cases, the employer or their insurer is legally obligated to cover attorney fees. This applies even if a claim is initially denied, undervalued, or ignored within 30 days of receipt.
If a claim is unsuccessful, clients pay nothing – our firm assumes the financial risk. Importantly, we never take a percentage of compensation, as this practice is illegal for these claims.
Defense Base Act Eligibility for Contractors
Overseas employees must meet at least one of several eligibility requirements to qualify for DBA insurance coverage. These eligibility criteria include the following:
- The employee works overseas for a U.S. government agency on a war- or national defense-related public works contract
- The employee works outside of the U.S. for a private employer on a U.S. military base or other land used for military purposes by the U.S.
- The employee works overseas for an organization providing moral and welfare services to active military members, such as the United Services Organizations or the American Red Cross
- The employee works outside of the U.S. under a contract funded and approved by the U.S. government
If one of these applies to you, you’re entitled to compensation in the event of a work-related injury or illness. Examples of workers who may fall under the Defense Base Act include but are not limited to:
- Construction workers
- Cooks
- Clerical workers
- Electricians
- Explosive experts
- Janitors
- Linguists
- Mechanics
- Program managers
- Security personnel
- Translators
- Truck drivers
An employee does not need to be a U.S. citizen to qualify for compensation protection u
Defense Base Act Benefits
The Defense Base Act provides a range of benefits to cover overseas employees in a variety of situations due to an injury, illness, or death. These benefits include:
- Medical benefits that cover medical care by an employee-chosen physician, hospital costs, treatment-related travel costs, diagnostic expenses, and more
- Rehabilitation services that help the injured worker recover from or cope with the employment-related injury
- Vocational rehabilitation services for permanently disabled workers living in the U.S.
- Disability compensation for temporary (partial or total) and permanent (partial or total) disability
- Death benefits for surviving spouses and dependents, including burial coverage and compensation for lost income
To learn more about DBA benefits and how they’re calculated, review this PowerPoint presentation by the Department of Lab
Injuries Covered Under the Defense Base Act
The Defense Base Act covers many types of injuries related to the worker’s employment. A worker injured outside the workplace can still pursue compensation through the DBA if the injury is work-related.
Examples of injuries covered by the DBA include:
- Neck or shoulder injuries
- Back or spinal injuries
- Head or brain injuries
- Loss of limb injuries
- Loss of hearing
- Burn injuries
- Post-Traumatic Stress Disorder (PTSD)
This by no means represents a complete list of injuries coverable by the Defense Base Act. To find out if your injury qualifies for compensation under the DBA, contact our law firm today.
Is Pain and Suffering Compensation Available for DBA Claims?
Unfortunately, benefits under the Defense Base Act do not cover pain and suffering. Whether you hope to receive ongoing disability payments or a settlement, you cannot include an amount for pain and suffering.
Types of Employment Covered Under the Defense Base Act
The Defense Base Act covers any employment activities carried out for private employers on United States military bases, contract work approved and funded by the U.S. Foreign Assistance Defense Base Act, word for U.S. employers providing welfare services for the benefit of armed forces, and more.
What Happens When My DBA Settlement is Approved?
If we reach a settlement agreement with the insurer, the process is not over. The Department of Labor (DOL) must evaluate the proposed settlement.
The DOL will review:
- The reason for the settlement;
- Your medical information and work history;
- Your medical report for the injury or disease;
- An itemized bill of medical expenses; and
- The specific settlement amounts for medical bills, compensation, and legal fees.
The DOL also considers your age, education, work history, and degree of disability. It matters whether you can return to work, and if so, what kind. Will it be comparable in pay to your previous work? The department considers your future medical needs, including whether you will need a great deal of care. Finally, the DOL reviews your life expectancy based on actuarial tables.
The DOL must agree that the settlement is fair for you before approving it.
Can My Defense Base Act Claim be Denied?
Yes, some claims are denied or disputed by the government. The most common reasons defense base act claims are denied include:
- There wasn’t applicable DBA coverage at the time of the injury
- There is insufficient medical evidence to support the claim
- The employer believes the injury did not occur during the course or scope of work
Our DBA Law Firm Can Help You Get Maximum Compensation for Your Claim
With over 35 years of experience and hundreds of successful DBA claims, Grossman Attorneys at Law stands as the premier choice for Defense Base Act representation. Our team, led by founding attorney Howard Grossman, is renowned for our professionalism, integrity, and proactive approach to litigation. We offer personalized, comprehensive support throughout your claim process, from injury reporting and evidence collection to meeting critical deadlines and pursuing fair compensation.
Don’t navigate this complex legal landscape alone. Let our expertise work for you to secure the maximum compensation you deserve. Contact Grossman Attorneys at Law today for a free case evaluation. Take the first step towards protecting your rights and ensuring your financial security after an overseas work-related injury. Your future is our priority – let’s secure it together.
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*The settlements and verdicts above only represent a few of the successful outcomes for our clients. Contact us for more information on how you can add your location to this list.
You may Qualify if
The Defense Base Act affords compensation benefits and medical benefits to those engaged in employment, such as:
Deployed civilian contractors working in Iraq, Afghanistan, England, Africa, United Arab Emirates, Italy, Philippines, South Korea, Israel, Kuwait, or anywhere else in the world under a U.S. government contract.
Any military, air, or naval base acquired by the United States.
Upon land occupied or used by the government for military or naval purposes in any territory or possession outside the continental United States.
Any public work in any territory or possession outside the continental United States if the employee is engaged under the contract of a contractor with the United States.
civilian contractor deaths from 2009-2019
The DOD contract PERSONNEL in the Iraq and Afghanistan theater Of DOD’s combined contractor and uniformed PERSONNEL workforce in the CENTCOM
As of May 2019, observers and analysts estimated the number of U.S. Armed Forces personnel in Afghanistan to be between 14,000 and 15,000.
individuals located in Afghanistan, Iraq, and Syria
DOD contractor personnel were located in Afghanistan
Approximately
44%of DOD’s reported individual contractors were. U.S. citizens
42%were third-country nationals, and 14% were local nationals
Depending ON your Residence, Your Case May Be Handled Differently
For injured workers residing in the United States your Defense Base Act claim will be handled by the Office of Workers’ Compensation Programs District Directors in the following cities: Boston • Chicago • Dallas • Cleveland • Jacksonville • Denver • New York • Norfolk • Philadelphia • San Francisco • Kansas City • Seattle • Washington, D.C
Through modern technology, we are equipped to attend conferences with you, key witnesses and experts all around the world. Our office is equipped with a state-of-the-art video teleconferencing system which allows us to take video depositions anywhere in the world.