We Have Your Back: United States National Defense Employees and the Defense Base Act
Life is unpredictable. This rings especially true for those who work as maritime employees and get injured on the job. The Longshore and Harbor Workers’ Compensation Act was passed in 1927 to provide compensation for work-related injuries. The law has been extended beyond its scope of nautical professions to provide coverage for other occupations as well. In fact, one particular extension is the Defense Base Act (DBA), a law that provides compensation insurance to civilian employees, not just maritime workers.
What is the Defense Base Act?
The DBA specifically covers employees who work overseas on United States defense bases. This also applies to government employees who work or have worked with contracts associated with national defense, military activity, and Armed Forces. It offers compensation and other benefits in the case of disability, injury, and even fatality, as maritime work and national defense can be hazardous.
Types of Disabilities
Military activity is some of the most intense work there is. In fact, from 2002 to 2009, the number of reported injuries increased by over 3,000%. One could argue that this total increase is due to greater awareness of the insurance programs in place, but it still proves the perilous nature of national defense work. DBA employees most commonly endure bodily injuries, vision issues, burns, fractures, and hearing loss.
This coverage provides full compensation for any injuries sustained on the job and extends to anyone contracted through the federal government to work outside the United States. This provides numerous benefits for various types of employees, demonstrating greater concern for anyone working abroad to bring about stronger national security.
Mental Health
Along with physical injury, many DBA workers suffer the long-term effects of emotional distress and damaged mental health. Post-traumatic stress disorder (PTSD) is a common struggle among United States veterans, affecting around 10% of all ex-military. Just as medical coverage takes care of physiological health, the PTSD Defense Base Act provides psychological treatment for those who experience trauma. This includes psychiatric support, therapy, counseling, and community-based programs that aid DBA workers in rediscovering purpose in their lives.
Jurisdiction of DBA
As mentioned above, DBA covers anything from bodily injury to mental suffering, yet it also comprises various levels of claims, settlements, and compensation. DBA workers may file a claim for compensation if they sustain injury or disability while on the job. Because of legal complexities, employees must prove they need certain compensation for wage replacement, disability, medical costs, leave of absence (LOA), and especially benefits for the employee’s family in the case of death. While these are all unfortunate circumstances, it is best to have coverage just in case.
There is no standard settlement for DBA claims, as scenarios are examined case-by-case and contingent upon the type of injury, disability, or mental toll. Compensation will strictly depend on the evidence gathered, so it is wise for DBA workers to hire attorneys, and examine the evidence they possess, and determine how to go about presenting it.
DBA attorneys can help negotiate offers and assist any employee with pursuing the most ideal settlement the court has to offer.
Who to Call?
Florida DBA lawyers can assist with anything ranging from personal injury claims and workers’ compensation to traumatic brain injuries (TBIs), medical malpractice, or wrongful death. Because these circumstances, among others, directly apply to DBA work, employees are entitled to receive coverage irrespective of whether they are U.S. citizens.
Florida DBA lawyers are specifically knowledgeable about DBA claims, as they understand the laborious assignment of gathering evidence, describing and reliving a traumatic experience, and having to file a claim just to receive one’s benefits. DBA lawyers are experienced in navigating the unexpected nature of these accidents and are prepared to file and support you through the process of the claim.
Ludwin Law Group will be happy to assist you in understanding filing, getting a claim in your favor, and assisting you throughout the process.
How to File a Claim
To begin, DBA employees have two years to file a claim from the time they receive a medical report detailing the injury, condition, or disability they have sustained while on the job. From this point, they must submit an “Employee’s Claim for Compensation” form to the Office of Workers’ Compensation Programs (OWCP). Employees must provide details on important information about their condition, including who their employer is or was, what their position is or was, how they sustained the injury, where they were when it happened, and what their current employment status is.
To best explain the scenario as a work injury, it is crucial that DBA employees not only inform the OWCP of when and where the injury happened but also how it has affected their long-term work performance. This will create a stronger case since the court needs to know why they need the coverage requested.
Employees also need to gather and provide all available evidence, including medical records, photos, videos, texts, emails, and witness statements surrounding the issue. It is in their best interest to prove the hazardous nature of their work environment, which is inevitable in DBA work. Nonetheless, if employees can prove how they got hurt on the job, their chances of receiving the proper compensation improve.
Once the claim is submitted, employees should attend all meetings pertaining to their case. This demonstrates a willingness to receive the care that the DBA is known to provide. This may include all formal hearings, mediations, or even brief informal conferences. The key to achieving success is to be present and cooperate with anyone on your side of the case, especially the claims examiner. Be sure to listen to what your attorney has to say and follow their guidance, as they are professionals and want to help out the best they can.
FAQs
What is the settlement for the PTSD Defense Base Act?
While there is no standard settlement for a PTSD Defense Base Act claim, one can expect anywhere from $50,000 to $500,000 depending on the type of case, how greatly the PTSD impacts one’s life and work performance, and the cost of medical expenses including psychiatric treatment and therapy.
What is a DBA lawyer in Law?
A DBA lawyer (Defense Base Act lawyer) is an attorney who has substantial professional experience in the realm of the Defense Base Act, which covers its employees in the event of on-the-job injuries or job-related conditions. DBA attorneys are prepared to assist with filing claims to the Office of Workers’ Compensation Programs (OWCP), gathering the necessary evidence to prove one’s case, and acquiring the appropriate compensation relative to an employee’s need for medical attention.
What is a DBA claim?
A DBA employee makes a DBA claim as a response to an injury, disability, or condition they have sustained while working overseas for government-contracted employers. The claim aims to achieve the proper settlement and compensation that is mandated for all DBA workers as part of their coverage and benefits.
What does the Defense Base Act insurance cover?
In the simplest terms, DBA insurance covers employees who got injured or died on the job. This includes coverage for:
- medical attention, including hospital expenses,
- disability benefits,
- psychiatric treatment, including therapy, and
- compensation for the family of the deceased.
What is the jurisdiction of the Defense Base Act?
The jurisdiction of the DBA is to protect employees who work overseas on United States defense bases, whether they are associated directly with military activity or simply contracted by the government to work abroad. The purpose of its jurisdiction is to cover any individual who works in national defense, as they play an occasionally hazardous role in the United States workforce.
Can you get compensation for PTSD?
Yes, DBA employees, especially war veterans, may receive compensation for post-traumatic stress disorder (PTSD). Unfortunately, a portion of United States veterans come back home with extreme psychological trauma from their experiences overseas. This is due to recurring images, thoughts, and nightmares that come to mind in the aftermath of war, which certainly counts as a condition sustained during their time on the job. Compensation for PTSD will cover any psychiatric services they need, including counseling, therapy, and medication.
How is a DBA settlement calculated?
Because there is no standard settlement for DBA cases, they realistically depend on numerous factors, including the types of services needed, how much income has been lost, and how long the recovery time might be. This all makes it nearly impossible to calculate an exact number, but here are a few methods of calculation currently used by the DBA:
- for as long as they are on medical leave, employees will receive two-thirds of their weekly earnings;
- income that has been lost in the time the employee has been out;
- the severity of injuries and the cost of medical care;
- cost of psychiatric services and how greatly an employee’s mental health has been impacted.