What Is the Statute of Limitations on Defense Base Act Claims?
Claims under the Defense Base Act (DBA) have a one-year statue of limitations. This means you have one year after an injury to file a disability claim with OWCP. If a doctor diagnoses you with an “occupational disease” caused by your employment, you have two years to file a claim. This allows for notice of an occupational disease caused by employment, such as PTSD or lung cancer, that can develop over a long period of time.
The two years begin to run from the date you first become aware of the relationship between the occupational disease, your disability, and your employment. If you fail to file within the timeframe, the employer may object and deny compensation benefits should you become disabled due to the injury. The time limit only applies to disability compensation. No time limit applies to a claim for medical benefits.
What is Equitable Tolling of the Defense Base Act’s Statute of Limitations
Equitable “tolling” is an extension of the statute of limitations. The time does not begin to run until an employee realizes their rights under the act.
There are several reasons why an injured employee may have the statute of limitations tolled. For example, tolling applies in the case of occupational diseases, where the employee does not immediately realize they were injured. Tolling also covers cases where an employer failed to notify the employee of their rights under the Act or did not notify OWCP of the employee’s injury in a timely manner.
If you can prove that extraordinary circumstances kept you from timely filing, despite your diligent pursuit of your rights, tolling may apply to your case.
Can an Attorney Extend the Deadline For My DBA Claim?
While the Defense Base Act statute of limitations appears very strict, many circumstances can extend the deadline for filing your claim. When you contact our experienced Defense Base Act attorneys, we’ll help ensure your claim is filed on time. We can negotiate with your employer’s insurance company or with the OWCP. Congress wrote the DBA to help those who are injured on the job.
When you trust our firm with your DBA claim, we’ll be here to guide you through the process. Our attorneys will advocate for you until you receive the benefits that you deserve.
Contact us today to learn more.
