DBA PTSD Claims

Understanding Defense Base Act Claims for PTSD

By Timothy Nies, DBA Attorney and Army Ranger Veteran

Introduction

The Defense Base Act (DBA) is a federal law designed to provide compensation to civilian employees who are injured or become ill while working on military bases or in support of the U.S. military overseas, including Syria, Afghanistan, Iraq, Jordan, Qatar, Kuwait, Somalia and many other locations. This includes workers engaged in various roles, such as security, drone operations, firefighters, construction, logistics, and support services. While physical injuries are often the focus of DBA claims, psychological conditions like Post-Traumatic Stress Disorder (PTSD) are recognized as significant issues for many veterans and civilian employees alike. This article explores the process of filing DBA claims for PTSD, the challenges DBA claimants may face, and the benefits available to those affected.

What is PTSD?

PTSD is a mental health condition triggered by experiencing or witnessing traumatic events. Common symptoms include, but not limited to, flashbacks, anxiety, insomnia, nightmares, guilt, anger and uncontrollable thoughts about the event. For many contractors, especially those who have worked in conflict zones, PTSD can have a profound impact on their quality of life, affecting their ability to work and engage in daily activities. Unfortunately, PTSD may also affect relationships with families and friends.

Eligibility for DBA Benefits

To qualify for DBA benefits related to PTSD, the claimant must meet certain criteria:

1. Employment Status: The individual must have been employed by a contractor working on a U.S. military base or in support of military operations abroad.
2. Trauma Exposure: The individual must demonstrate that they were exposed to a traumatic event while on duty. This may include direct combat exposure, witnessing violence, or other life-threatening situations.
3. Medical Documentation: A qualified mental health professional must diagnose the claimant with PTSD, providing documentation that connects the condition to the traumatic events experienced during employment. I suggest that claimants who believe they have symptoms that may be related to PTSD to see a psychiatrist first. Oftentimes the psychiatrist after diagnosing patients with PTSD or other mental health condition may prescribe medications. Therapists, etc. cannot prescribe such medications.
4. Timeframe for Filing: Claims should be filed within a specific timeframe, typically one year from the date of diagnosis or the date the individual became aware of the connection between their condition and their employment.

The DBA PTSD Claims Process

Filing a DBA claim for PTSD involves several steps:

1. Gathering Evidence

Claimants should collect all relevant documentation, including:

• Medical Records: Documentation from your psychiatrist or psychologist detailing the diagnosis and treatment of PTSD. It is beneficial for your psychiatric care provider (psychiatrist, psychologist) to complete this form US Department of Labor Form: Work Capacity Evaluation Psychiatric/Psychological Conditions OWCP 5A.
• Employment Records: Evidence of employment, including dates of service, job locations and job descriptions.
• Witness Statements: Statements from coworkers or others who can attest to the traumatic events or conditions faced during employment. If you cannot obtain such statements, at least make sure you obtain the full names, addresses, telephone numbers and emails of witnesses. Once you leave your employment, it may be difficult to locate these witnesses.
• Wage Records: It is important to obtain your wage records for at least the past year and preferably for as many years as possible.
• Dates of Traumatic Events: If you can recall any details of specific traumatic events, such as drone attacks, rocket attacks, ground attacks, etc., write down any details that you can remember, including dates, locations, names of others who witnessed the attacks, etc. Memories fade over time. If you have any attack logs, which detail the dates and times of attacks, talk to your DBA lawyer.
• Keep Any Photos of the Damage from Any Attacks. If you are permitted to do so, keep any photographs you may have of the damage caused by the attacks. For instance, one client of mine had photographs of the shrapnel hole that was left as shrapnel ripped through his living quarters.

2. Filing the DBA PTSD Claim

DBA PTSD Claims can be filed through the Office of Workers’ Compensation Programs (OWCP). This involves submitting Form LS-203 (Employee’s Claim for Compensation) along with all supporting documentation. I highly suggest that you first contact a DBA attorney to help before filing this form. I offer free consultations.

3. Request for Intervention at the US Department of labor

Once submitted, the OWCP will review the DBA PTSD claim. The DOL will also notify your employer of the filing of the claim. If your employer’s DBA insurance carrier does not initiate benefits, including paying for psychiatric/psychological care, or pay you compensation, you should speak to a DBA lawyer who will reach out to the DBA insurance company, and if not successful, request an informal conference with the Department of Labor to discuss the claim. Unfortunately, all too often DBA insurance companies do not commence such psychiatric care owed to claimants suffering with PTSD nor pay claimants timely. This is why it is beneficial to have already hired a DBA attorney who will start gathering evidence, pay records, psychiatric records, etc. to be able to timely submit the request for an informal conference (LS-7: Request for Intervention) along with evidence. After an informal conference at the DOL, the DOL’s claims examiner will issue a recommendation.

4. Process after Informal Conference

If the DOL issues a favorable recommendation after an informal conference, however, the DBA insurance carrier declines the recommendation, or does not respond at all, your DBA lawyer will file a LS18 (Pre-Hearing Statement) with the DOL. This will then send your DBA claim to the Office of Administrative Law Judges (OALJ) for a formal hearing where discovery may commence and the claim litigated.

Challenges in PTSD Claims under the Defense Base Act

Claiming benefits for PTSD under the DBA can present unique challenges:

1. Documentation Difficulties

Providing adequate medical (psychiatric) documentation linking PTSD to employment can be challenging. Many claimants may struggle to articulate their experiences, particularly in a legal context. I suggest that you hire a DBA attorney early and do not wait. I suggest that if you feel that you suffer from possible PTSD symptoms and you are still overseas, the best time to talk to a DBA lawyer is while you are still overseas waiting to come home.

3. Burden of Proof

DBA Claimants bear the burden of proving that their PTSD is related to the employment with the overseas employer. This is done through the opinions of claimant’s treating psychologists or psychiatrists or through retained experts. Again, this is complicated and you should speak with a DBA lawyer.

4. Delays in the Process

The DBA claims process can be lengthy and complex, leading to frustration for claimants who are seeking timely support for their conditions.

Benefits Available for DBA PTSD Claims

If approved, DBA claimants with PTSD may receive several types of benefits, including:

1. Medical Treatment Costs: Coverage for mental health treatment, including therapy and psychiatric medication.
2. Lost Wages: Compensation for lost wages during periods when the individual is unable to return to the overseas job due to the psychiatric condition.
3. Disability Benefits: If the PTSD or other psychiatric illness related to the overseas employment significantly impairs the individual’s ability to work, they may qualify for permanent disability benefits.

DBA PTSD Mediation:

Oftentimes DBA claims are settled in DBA mediation, where the parties and their DBA lawyers attend a session to try to resolve the claim. The timing of this varies from case to case, but typically during the litigation phase of the claim if the DBA claim is disputed. The goal of our attorney, Tim Nies, is to maximize the DBA settlement of his clients’ claims.

Conclusion

Filing a DBA PTSD claim can be a complex and emotionally charged process. Understanding the eligibility criteria, DBA claim process, and potential challenges can empower contractors to seek the compensation and support they deserve under the Defense Base Act. It is important for contractors suffering with PTSD to feel supported and informed throughout the claim. Our DBA lawyer, Tim Nies, is an Army Ranger Veteran, having served in the US Army’s 3D Ranger Battalion. Tim will review with you the DBA claims process, the DBA timeline, DBA compensation, psychiatric care, recorded statements by DBA insurance carriers, DBA settlements and answer all questions regarding the Defense Base Act. Tim’s goal is to act quickly and file the DBA PTSD claim quickly. He understands the financial stress clients may have when they may no longer do the job they did before suffering from a psychiatric injury.

Again, the best time to contact Tim is at the very beginning when you start to notice symptoms that may be related to PTSD or others have told you that you may be suffering mentally due to your work overseas. He goes to battle for injured contractors and is always accessible to his clients. For more information about DBA claims call 772-283-8712 or contact us by email here. For more free advice on your DBA workers’ compensation claims, please visit our DBA Youtube site.