Working overseas under a government contract or in support of military bases is a difficult job for workers. Unfortunately, for some, it also means suffering from certain illnesses or injuries that require medical attention. When this happens, a defense contractor may be eligible to receive compensation through a Defense Base Act (DBA) claim. However, it is not uncommon for a DBA claim to be denied a fair settlement.
The Department of Labor administers the DBA claims process, which provides compensation benefits to individuals who are injured in the course of their employment with a contractor or subcontractor performing work abroad on behalf of the U.S. Government. In order to qualify for these benefits, claimants must prove they were working on behalf of such an employer at the time of their injury and have suffered losses financially due to their illness or injury. This may include proof of partial or total disability and documents on when they had to seek medical attention.
It can be devastating for those who have served our country under government contracts to find out their DBA benefits and claim compensation has been denied. Fortunately, steps can be taken to appeal the decision or even re-file a new claim with additional evidence and information necessary for approval.
Possible Reasons Why Your Defense Base Act Claim Was Denied
A Defense Base Act claim may be denied for a variety of reasons. The main reason claims are denied is that they are not deemed valid by the court or the insurance company. This can be due to a lack of evidence or because specific criteria have not been met to qualify for Defense Base Act benefits. In some cases, improper filing of paperwork may also be an issue and experienced DBA lawyers can assist in rectifying this problem. Another common issue is when the claim does not meet all of the requirements as outlined by the Federal Government’s regulations. A Defense Base Act attorney who understands how to navigate this process can help claimants receive their rightful benefits.
Reasons Why Valid DBA Claims Are Denied
There are many reasons why DBA claims are denied. Insurance companies often deny these valid claims based on technicality or lack of evidence. This can be especially problematic for injured workers, who may not have access to the resources and knowledge necessary to build a successful claim. You must be able to present clear and accurate medical documentation to prove that your injury or illness occurred while working on a military base or in a special danger zone abroad.
In addition, death benefits can be refused if the insurance company believes the death was not directly related to the employee’s employment contract.
Furthermore, insurance carriers may also dispute workers’ compensation benefits or deny them altogether. If an employee has a pre-existing condition that is exacerbated by their employment duties, they may face skepticism from insurers regarding the severity of their injury and its impact on their ability to work. Finding a knowledgeable DBA attorney to help you with your case is essential. Without an experienced DBA lawyer, claimants may have difficulty obtaining DBA coverage and fair settlements for these cases.
What To Do When Your Defence Base Act Benefits Are Denied
Civilian contractors, government contractors, and other covered employees who work abroad may be entitled to benefits under the Defense Base Act. These benefits may include medical care, lost wages, and compensation for personal injury suffered while working overseas. Unfortunately, defense base act claims may be denied. When this happens, it is important to understand what a claimant can do to appeal their claim.
The first step in appealing a denied claim is to review the denial letter. In some cases, the letter will explain why the claim was rejected, such as failure to submit necessary paperwork or insufficient evidence that an injury occurred during employment. In other cases, it may not provide specific reasons for the denial and instead refer claimants to Section 18 of the Longshore Act. In either case, understanding why the claim was denied is essential to proceeding with an appeal.
The next step involves filing a form LS-207 request for a hearing with the U.S. Department of Labor within one year of receiving notice. On this form, claimants must lay out their case and provide excellent records from a doctor supporting their claim. This form should also include any additional evidence that might be useful in making a successful appeal, such as witness testimonies or pay stubs confirming wages lost due to short- or long-term disability. After submitting this form, claimants will receive an appointment with a judge from the Office of Administrative Law Judges, who will hear their case and decide if they are eligible for Defense Base Act benefits based on submitted evidence and testimony.
If Your Defense Base Act Claim Was Denied, Call Our Experienced Attorneys Today!
We understand how difficult it can be when faced with an insurance company’s claim denial for your workplace injury. We strive to provide our clients with efficient legal services and compassionate support during this difficult time. Our DBA attorneys help ensure that all relevant evidence is presented so that you receive all of the benefits due under the law. Don’t settle for denied benefits—call us today!
