Navigating the legal complexities of a Defense Base Act (DBA) claim can be challenging for injured civilian employees on government contracts for work overseas. One of the major concerns they face is determining who pays for their attorney fees in a DBA case. This article will explore the various aspects of Defense Base Act attorney fees, how they are determined, and who is responsible for paying them.
How Does a Defense Base Act Lawyer Determine Cost?
Defense Base Act lawyers typically determine their costs in one of three ways:
On a contingency basis, the fees are determined as a percentage of the compensation claim awarded to the injured worker. This method is common among personal injury lawyers and ensures that the claimant’s attorney is motivated to secure the highest possible compensation for their client. The percentage can vary depending on the firm and the specific case.
Another way DBA lawyers might charge for their services is an hourly fee or hourly rate. In this case, the attorney’s fees are determined by the hours expended on the case, with the lawyer charging a set rate per hour. The hours worked method can be used in cases with complex technical compliance requirements or when the case scope is not easily defined.
Finally, a flat fee is a predetermined amount agreed upon by both parties before the start of the case. This fee structure is less common in DBA cases, but it may be used in situations where the legal work involved is relatively simple or straightforward.
Fee schedules are determined by each firm and by what is in the best interest of the injured overseas worker. At Grossman Attorneys at Law, we do not require clients to pay upfront. We will take your case to court while working on a contingency basis. We only get paid if you do!
Who Pays the Lawyer Fees on Defense Base Act Cases?
In most Defense Base Act cases, the employer or their insurance carrier is responsible for paying the lawyer fees. Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which also governs Defense Base Act claims, a successful prosecution of the claim can lead to the employer or their insurance company being required to pay fees for the claimant’s legal representation.
The district director or an administrative law judge will review the case during an informal hearing. If they determine that the employer is liable for the injured worker’s compensation, they may also order them to pay the attorney’s fees.
What DBA Attorney Fees Am I Responsible for?
In some cases, injured workers may be responsible for certain fees. These fees typically arise when a Defense Base Act claim is denied and the civilian employee is unable to secure a settlement through the legal process. If the case is unsuccessful, the claimant may be responsible for paying their attorneys fees based on the agreed-upon fee structure.
It is essential to discuss any potential legal fees with your Defense Base Act attorney before proceeding with your case to ensure you understand your financial responsibilities.
Are You an Injured Worker? Hire a Trusted Defense Base Act Attorney Today!
If you are a civilian contractor injured working overseas as a defense contractor or a civilian employee while on military bases, you need a skilled Defense Base Act lawyer to help you navigate the complex process of filing DBA claims. An experienced law firm will understand the nuances of the Jones Act, Longshore Act, and other legal statutes relevant to your case, ensuring you receive the medical benefits and compensation you deserve based on your average weekly wage.
Don’t let the burden of attorneys fees deter you from seeking justice. Contact our trusted Defense Base Act attorneys today to discuss your case and determine the best course of action for your unique situation.
