DBA Lawyer to Fight for Medical Care for Spine Injuries

Spine Injuries in Defense Base Act Claims

Spine injuries are some of the most complex and disabling conditions I see in Defense Base Act claims. Whether involving the
cervical spine (neck), thoracic spine (mid back), or lumbar spine (lower back), these injuries can severely limit mobility, strength, and the ability to work.

Common causes of spine injuries for overseas contractors include:

• Falls from scaffolding, vehicles, ships, hesco barriers, containers, or structures
• Lifting and carrying heavy loads, gear, and equipment
• Twisting injuries while loading, unloading, or handling cargo
• Repetitive strain and vibration from heavy vehicles or machines
• Compression and nerve issues, including thoracic outlet syndrome from wearing heavy body armor, packs, or other equipment around the shoulders

These injuries often require long term treatment and close monitoring. Many of my clients need a combination of conservative care, interventional procedures, and sometimes surgery to obtain relief.

Typical Medical Treatment for Spine Injuries Under the DBA

Under the Defense Base Act, injured contractors may require a wide range of treatment for spine injuries, including:

• Medication management for pain, muscle spasm, nerve pain, and inflammation
• Epidural steroid injections to reduce nerve inflammation
• Medial branch blocks and facet injections for chronic facet joint pain
• Radiofrequency ablation (RFA) to provide longer lasting pain relief
• Discectomy procedures to remove herniated disc material
• Cervical and lumbar fusion surgeries in cases of instability or severe degeneration
• Placement of spinal cord stimulators for chronic, intractable pain

As a DBA Lawyer to Fight for Medical Care, part of my role is to make sure the treatment that your board certified spine surgeon, neurosurgeon, physiatrist, or pain management physician recommends is properly presented and supported under the Defense Base Act.

DBA Medical Care Obligations and DBA Insurance Company Tactics

The Defense Base Act requires DBA insurance carriers to provide all reasonable and necessary medical care related to the work injury. This includes diagnostic imaging, specialist consultations, injections, procedures, surgery, and post operative rehabilitation, so long as the treatment is reasonable, necessary, and related to the DBA injury.

In practice, however, many DBA insurance companies attempt to restrict or deny medical care. After an independent medical examination (IME), carriers often rely on their chosen doctor to argue that a procedure is unnecessary, unrelated, or excessive, even when your treating specialist strongly recommends it. In some cases, DBA carriers deny or delay procedures even when their own expert agrees that treatment is appropriate.

This is where having an experienced Defense Base Act Lawyer is critical. An experienced DBA lawyer knows how to challenge improper denials, develop medical evidence, and present the claim before the U.S. Department of Labor and the Office of Administrative Law Judges.

Your Right to Choose Your Own Spine Doctor

Under the Act, injured contractors have a very important right to choose their own physician. You are not required to treat only with the insurance carrier’s preferred network doctors. Typical treating phsyciains include:

• Orthopedic spine surgeon
• Neurosurgeon
• Physiatrist (PM&R specialist)
• Pain management physician

Choosing the right physician early can make a significant difference in the quality of your care and in the strength of your DBA claim. My role as a Defense Base Act Lawyer includes guiding injured contractors through the process of selecting qualified doctors and protecting that choice when carriers attempt to interfere.

Why Contact a Defense Base Act Lawyer Early

The best time to consult with a Defense Base Act Lawyer is often while you are still overseas or as soon as possible after your injury. Early involvement allows your attorney to:

• Protect your right to prompt, appropriate medical care under the Defense Base Act
• Secure wage information and confirm the proper calculation of your average weekly wage (AWW)
• Preserve important evidence such as incident reports, witness information, and job duty descriptions
• Prepare for the possibility that the DBA insurance carrier may deny or delay spine procedures later

If you are an injured contractor with a spine injury and are facing denials or delays of recommended treatment, it is important to speak with a DBA Lawyer to Fight for Medical Care that you are entitled to under the law. Expect that you will need a DBA Lawyer to fight for medical care for spine injuries at some point, so why not consult with a DBA lawyer so your lawyer has the medical records early on. Further, having a relationship soon after the injury will better prepare the lawyer for events such as depositions, IMEs (Independent Medical Evaluations), DBA recorded statements by DBA insurnace companies, informal conferences at the DOL, vocational evaluations, settlement discussions, DBA mediations, and formal hearings.

Call me, Tim Nies, day night at 772-283-8712 or use the contact form below. I am able to use WhatsApp if you are still overseas.