Top Rated Defense Base Act Claim Attorneys in Texas
If you’ve been injured while working overseas as a civilian contractor, we understand the physical, emotional, and financial toll you’re experiencing. At Grossman Attorneys at Law, we specialize in Defense Base Act (DBA) claims and have helped countless contractors secure the benefits they deserve. Our experienced legal team knows that navigating these complex federal claims while recovering from an injury can feel overwhelming.
With decades of experience in DBA law, our attorneys at Grossman possess the specialized expertise needed to handle even the most challenging cases. We fight tirelessly for our clients, whether they’re facing denied claims, delayed medical treatments, or questions about their eligibility. Our track record of success speaks to our commitment to securing maximum compensation for injured contractors.
Don’t face this challenging time alone. Contact Grossman Attorneys at Law today for a consultation about your DBA claim.
What is the Defense Base Act?
The Defense Base Act (DBA) is a federal law established in 1941 to provide workers’ compensation benefits to civilian employees working overseas on U.S. military projects. It applies to contractors and subcontractors operating on military bases, as well as individuals engaged in public works and national defense contracts outside the United States. These workers may include occupations like construction, maintenance, security, and welfare service providers.
The DBA ensures coverage for injuries or illnesses that occur during the course of employment. Compensation includes payment for medical expenses, lost wages, or vocational rehabilitation. In fatal cases, death benefits are available to the worker’s dependents. The law broadens coverage to include incidents unrelated to fault, meaning you don’t need to prove negligence or liability to qualify for benefits, making it a crucial protection for individuals in potentially dangerous environments.
You may file a claim under the DBA with the Department of Labor’s Office of Workers’ Compensation Programs, and private insurance companies oversee compensation disbursement.
Despite the straightforward protections, the DBA claim process can be burdensome. Denials or disputes often arise, particularly when employers or insurers contest injury classifications, employment status, or the extent of benefits owed.
What Does a Defense Base Act Lawyer Do?
Our Texas Defense Base Act (DBA) lawyers play a critical role in helping injured contractors or their families navigate the complex DBA claims process. Our team is well-versed in the intricacies of the Defense Base Act, ensuring that every claim complies with federal regulations and is supported by necessary evidence.
Representation and Administrative Guidance
We represent injured workers or the families of deceased employees who provided services for U.S. government contractors overseas. Our team guides you through the administrative and legal procedures required for filing claims under the Defense Base Act. This includes preparing the paperwork, meeting deadlines, and addressing disputes that may arise with employers or insurers.
Evaluating and Preparing Claims
At Grossman Attorneys, we assess all aspects of your DBA claim to ensure it meets federal standards. We gather evidence such as medical records, wage statements, and witness testimonies. Our thorough documentation strengthens claims and helps secure the medical compensation, lost wages, and disability benefits you may be entitled to under the Act.
Legal Advocacy During Litigation
When disputes escalate, we handle all legal aspects of your case during litigation. Our team represents your interests in hearings before the Office of Administrative Law Judges or other judicial bodies when claim disputes arise over eligibility or benefits. We ensure that your rights are protected and your case receives the attention it deserves.
Pursuing Full Compensation
As your DBA lawyers, we work tirelessly to secure full compensation for various damages, including medical expenses, future care needs, permanent disabilities, or dependency-based death benefits. While the DBA does not require proof of fault, our strong legal advocacy is often necessary to resolve contested claims or denied payouts effectively.
Who is Covered Under the Defense Base Act?
The Defense Base Act extends workers’ compensation protections to a wide range of civilian employees working under U.S. government contracts overseas. This coverage includes various types of employment, contractors, and non-U.S. citizens or foreign nationals.
Types of Employment Covered Under the Defense Base Act
The DBA ensures coverage for employees operating in specific roles, irrespective of nationality, provided their employment meets certain criteria. These include:
- Military Base Work: Coverage applies to employees working on U.S. military bases abroad, including in U.S. territories and possessions. For instance, workers handling construction or maintenance services on defense installations fall under this category.
- Public Works Projects: Employees supporting public works contracts tied to national defense or war activities outside U.S. soil are covered. These contracts often include infrastructure construction, logistical support, and similar services.
- Foreign Assistance Act Work: Workers involved in contracts funded by the U.S. under the Foreign Assistance Act, such as selling military equipment or services to allied countries, are also protected when activities occur outside the United States.
If your work assignment aligns with these employment categories, the DBA provides critical safeguards, including medical coverage, wage compensation, and death benefits for dependents.
Government Contractors
Government contractors and their employees form a significant group covered under the DBA. Employers working with the U.S. government—whether for defense, infrastructure, or security services abroad—must ensure DBA insurance is active to protect their workers. This includes employees performing construction projects on military bases, contractors tasked with providing logistical and operational support, and those offering instructional or advisory services to allied forces.
Regardless of an employer’s compliance, you retain DBA protection if you’re injured during employment. If a claim is filed, you’ll receive compensation for necessary medical treatments and lost wages caused by work-related injuries.
Non-Citizen and Foreign Nationals
Non-citizens and foreign nationals working for U.S. government contractors outside the United States benefit from the DBA’s broad scope. While employment criteria remain the same, the Act ensures equitable treatment regardless of nationality. Workers employed on military bases, public works projects, or through Foreign Assistance Act-related contracts qualify for compensation if injured on the job.
For example, a foreign national providing contracted security services on a U.S. military base in a foreign country would be covered under the DBA if injured during employment. Death benefits are also extended to eligible dependents in the event of a fatal work accident.
Types of Injuries and Claims Covered
The Defense Base Act encompasses various injuries sustained by employees working overseas under U.S. government contracts. These include physical, psychological, and other categorized injuries, ensuring comprehensive protection for eligible individuals.
Physical Injuries
The DBA provides compensation for numerous physical injuries resulting from work-related incidents or conditions. Examples of these injuries include traumatic brain injuries, spinal cord damage, repetitive strain injuries like carpal tunnel syndrome, hearing loss due to high noise exposure, severe burns, and chronic pain conditions such as fibromyalgia.
It also covers occupational diseases caused by exposure to hazardous substances like respiratory illnesses. Even injuries outside standard work duties—such as slips while heading to dining facilities or gym-related accidents—are compensable if linked to employment tasks.
Psychological Injuries
The DBA recognizes the toll that high-stress overseas environments can take on workers' mental health. Psychological injuries are compensable, including conditions like post-traumatic stress disorder (PTSD), severe anxiety, depression, and other mental health challenges.
Symptoms may include sleep disorders, frequent flashbacks, difficulty concentrating, avoidance of triggering environments, and even strain in personal relationships. Psychological claims are vital for those in hostile or demanding work settings that impact their mental well-being.
Scheduled and Non-Scheduled Injuries
Under the DBA, injuries are categorized into two main types:
- Scheduled Injuries
- Non-Scheduled Injuries
Understanding these different types of injuries and their classifications under the DBA is crucial for securing proper compensation. Whether you're dealing with physical trauma, psychological challenges, or a combination of both, our experienced legal team at Grossman Attorneys at Law has the expertise to help you navigate your claim and fight for the full benefits you deserve. Contact us today to discuss your specific case and injury circumstances.
Benefits Available to Texas Residents Under the Defense Base Act
The Defense Base Act (DBA) provides vital compensation for workers injured while performing overseas contracts for the U.S. government. Understanding these benefits ensures you know your rights and can better navigate the claims process.
Medical Benefits
The DBA covers all reasonable and necessary medical expenses related to your injury or occupational illness. This includes hospitalizations, surgeries, diagnostic tests, physical therapy, rehabilitation services, and prescription medications. If you're unable to travel for your treatment, the Act may also cover medical transportation costs.
Medical benefits continue for as long as it's necessary to treat your condition, regardless of when the injury or illness occurred. For example, if you require ongoing therapy for injuries sustained at a defense base, those treatments are included under this coverage without additional out-of-pocket expenses. These benefits play a critical role in ensuring your recovery without financial strain.
Disability Benefits
Disability benefits under the DBA compensate for lost wages due to an inability to work. Coverage includes:
- Temporary Total Disability (TTD): You receive two-thirds of your average weekly wages while completely unable to work during recovery.
- Temporary Partial Disability (TPD): If you're working fewer hours or earning less due to your injury, benefits cover a percentage of the lost income.
- Permanent Total Disability (PTD): For injuries preventing you from ever returning to any type of work, this provides two-thirds of your wages.
- Permanent Partial Disability (PPD): Covers loss of earnings capacity for permanent injuries that allow some level of work.
DBA benefits are calculated based on your average weekly wage, with a legal cap of $1,030.78 per week. If you're unsure about how your earnings fit into this structure, legal experts can help clarify your entitlements.
Vocational Rehabilitation
For workers deemed permanently disabled and unable to return to their previous roles, vocational rehabilitation services facilitate career transitions. These programs are often coordinated by the Department of Labor and focus on helping you explore new career opportunities, obtain necessary training, and reintegrate into the workforce.
Rehabilitation is an essential tool to ensure financial stability, especially if your injuries permanently alter your earning capacity. For example, if you're unable to continue in a physically demanding role, this service might help you pivot into an administrative or technical field.
Death Benefits
The DBA provides financial support to eligible survivors if a covered worker dies due to a work-related injury or illness. Compensation includes:
- Surviving spouse or one child: Half the worker's average weekly wage.
- Surviving spouse and two or more dependents: Up to two-thirds of the wage, with a cap on maximum weekly benefits.
- Funeral expenses: Coverage for reasonable burial costs.
DBA death benefits are designed to ease the financial hardship on surviving family members after a loss. For instance, a spouse with three children may receive compensation to help maintain financial stability and cover ongoing living expenses.
Types of Disability Under the Defense Base Act
The Defense Base Act (DBA) provides essential disability compensation for workers injured or disabled while supporting U.S. government projects overseas. Understanding the types of disability covered under the DBA is crucial when filing a claim to secure the benefits you're entitled to.
Temporary Total Disability (TTD)
Temporary Total Disability applies if you're entirely unable to work after an injury but are expected to recover. Under the DBA, you may receive two-thirds of your Average Weekly Wage (AWW), subject to a maximum weekly rate.
Temporary Partial Disability (TPD)
Temporary Partial Disability benefits support workers who return to employment in a reduced capacity due to injury. If your post-injury earnings are lower than your pre-injury wages, you may qualify for compensation equal to two-thirds of the difference.
Permanent Total Disability (PTD)
Permanent Total Disability is granted when injuries or illnesses permanently prevent you from returning to work. Compensation under PTD includes two-thirds of your AWW, with annual adjustments based on cost-of-living changes.
Permanent Partial Disability (PPD)
Permanent Partial Disability applies to injuries that result in a partial, lasting impairment but still allow for some level of work. The DBA defines PPD benefits through scheduled or unscheduled awards. Scheduled awards cover specific body parts, such as a hand or leg, while unscheduled awards address broader impairments impacting your earning capacity. In either case, you may receive compensation adjusted to reflect your ability to work post-injury.
Understanding the Defense Base Act Claim Process
The Defense Base Act (DBA) claim process can be complex, requiring individuals to navigate multiple legal steps.
Eligibility Requirements
To qualify for DBA benefits, you must meet specific criteria. You need to be a civilian contractor working outside the U.S. on a U.S. military base or under a government contract for public works or national defense. Injuries or illnesses must directly relate to your employment activities for coverage to apply.
Steps to File a Claim
- Notify Your Employer
- Submit Employee's Claim Form
- Submit Supporting Documentation
Common Challenges in Filing DBA Claims
At Grossman Attorneys, we understand the frustration and anxiety you may face when filing a DBA claim. We've seen firsthand how insurance companies can challenge or deny valid claims, whether by disputing your injury's severity, questioning its work-related nature, or scrutinizing psychological conditions like PTSD.
Common DBA claim challenges we help our clients overcome include:
- Denied or disputed claims
- Reduced compensation offers
- Questions about injury severity
- Challenges to work-related connections
- Scrutiny of psychological conditions
- Missed deadlines or filing requirements
- Incomplete documentation issues
DBA Claims Do Not Include Non-Economic Damage
DBA benefits focus solely on economic damages. Compensation accommodates medical expenses, lost wages, and death benefits for dependents but excludes non-economic damages like pain and suffering. Unlike personal injury lawsuits, DBA compensation is fault-independent, meaning benefits are provided regardless of how an accident occurred.
If you're uncertain about navigating the DBA process or facing difficulties with your claim, Grossman Attorneys can assist you. Whether you're preparing your claim, addressing a denied case, or considering legal representation, our team fights tirelessly to secure the compensation you deserve.
Statute of Limitations for DBA Claims in Texas
Understanding the statute of limitations for Defense Base Act (DBA) claims is vital. Missing these deadlines can jeopardize your ability to pursue compensation under the DBA. The time limits depend on the nature of the injury or illness.
Traumatic Injuries
For traumatic injuries, you must file your claim within one year. The clock begins ticking from the date the injury occurs.
For example, if you sustain a back injury while working on a government contract overseas, your claim needs to be filed within this one-year window to be considered valid for compensation.
Occupational Diseases
Occupational diseases, such as PTSD or respiratory conditions, have a longer statute of limitations. The filing deadline is two years from the date you become aware—or reasonably should have become aware—of the connection between your illness and your employment.
For instance, if you're diagnosed with work-related PTSD six months after completing your contract, the two-year period starts at the time of diagnosis or awareness, not your employment end date.
Importance of Filing On Time
Complying with these time limits is essential for keeping your legal rights intact. If you file late, you might face severe barriers to securing compensation for medical expenses, lost wages, or other benefits. The statute protects both injured workers and employers by setting clear guidelines for handling claims.
How Our Texas DBA Insurance Claim Attorneys Can Help
Our experienced attorneys are ready to guide you through every step of the DBA claim process, whether you're filing or appealing a claim, ensuring your rights are protected.
Navigating Complex Legalities
DBA cases involve intricate legal requirements, including compliance with strict deadlines and filing procedures. Our attorneys understand the nuances of the Defense Base Act and its connection to laws like the Longshore and Harbor Workers' Compensation Act.
Our team can help you properly report your injury using Form LS-201, manage jurisdictional challenges, and address the Zone of Special Doctrine legalities which covers injuries sustained under unique circumstances related to your employment.
Maximizing Compensation
With over 40 years of experience handling DBA claims, our attorneys know exactly what it takes to secure the maximum compensation you deserve. We'll leverage our expertise to:
- Build a comprehensive case with detailed medical evidence
- Calculate the full value of your current and future medical expenses
- Document all disability-related impacts on your earning capacity
- Secure coverage for necessary vocational rehabilitation
- Challenge inadequate settlement offers from insurance companies
- Fight for full compensation for both physical and psychological injuries
- Ensure all deadlines and documentation requirements are met precisely
With our proven track record in defense base act litigation, we won't settle for less than what you're entitled to under the law.
Securing a Smoother Process
We know how overwhelming it can be to handle DBA claims while trying to recover from your injuries or support your family. That's why our team at Grossman Attorneys takes on the full burden of your case. We'll serve as your dedicated advocates, managing every aspect of your claim so you can focus on what matters most – your recovery.
Our experienced attorneys will:
- Handle all communications with insurance representatives
- Ensure your documentation is complete and properly filed
- Navigate complex negotiations on your behalf
- Represent your interests aggressively in litigation if needed
- Help you avoid costly mistakes and delays
- Keep you informed throughout the entire process
You don't have to face this challenging time alone. Let us handle the legal complexities while you concentrate on healing and taking care of your family. With our proven expertise in DBA claims, we'll fight to make this process as smooth and stress-free as possible for you.
How Are Defense Base Act Attorneys Paid?
Under the Longshore and Harbor Workers' Compensation Act, attorney fees for successful DBA claims are paid by your employer or their insurance provider—not you. This means you receive legal representation at no cost and keep your full settlement.
Contact Our Texas Defense Base Act Lawyers Today for Help
At Grossman Attorneys, we've successfully helped countless overseas contractors secure the full compensation they deserve. Our deep expertise in DBA law, combined with our unwavering commitment to our clients, sets us apart in handling these complex cases.
Don't risk your future by facing insurance companies alone or missing critical deadlines. Our dedicated team will protect your rights, handle all legal complexities, and fight tirelessly for your maximum benefits – all at no cost to you. Let us shoulder this burden while you focus on what matters most: your recovery and your family.
Contact us today for a free consultation and experience the difference that having a trusted, experienced DBA law firm on your side can make.
*We work on a contingent fee basis, which means that there is never a fee or costs that you have to pay unless we successfully resolve your case.