Filing a DBA Claim for Camp Arifjan Injuries
I am a Defense Base Act claimant’s attorney and a veteran of the US Army’s 3d Ranger Battalion. This article discusses filing Defense Base Act DBA claims for injuries sustained by civilian contractors working at Camp Arifjan in Kuwait. Camp Arifjan is a large US Army installation in Kuwait which accommodates US Army, Air Force, Navy and US Marines. It is used as a forward logistics base. Many contractors work at Camp Arifjan, from aviation mechanics, guards, logistics, electricians, plumbers, supply to DFAC workers and many more.
Working as a civilian contractor on American military bases overseas, such as Camp Arifjan in Kuwait, presents unique opportunities and challenges. Unfortunately, these roles can also expose workers to various hazards, leading to injuries. If you are injured while working on a U.S. military base under a contract with the US Government, including Camp Arifjan, it’s important to understand the Defense Base Act claim process. This article outlines the steps involved in filing a DBA claim, specific considerations for those working at Camp Arifjan, and tips for navigating the Defense Base Act process effectively.
Understanding the Defense Base Act (DBA)
The Defense Base Act is a federal law that extends workers’ compensation benefits to civilian employees working on military bases outside the United States, such as Camp Arifjan. This includes employees of contractors and subcontractors providing services to the U.S. Government. The DBA covers various types of injuries, including:
- Physical injuries (e.g., falls, accidents, machinery-related injuries)
- Psychological injuries (e.g., PTSD, anxiety)
- Occupational diseases (e.g., exposure to hazardous materials)
If you are a civilian contractor and have sustained injuries at Camp Arifjan, you may be entitled to benefits, including compensation and medical care, under the Defense Base Act. For more information, you should reach out to a DBA attorney soon after your injury. It is best to contact a DBA lawyer before leaving Kuwait for medical care.
Steps to File a DBA Claim for Injuries Sustained in Camp Arifjan, Kuwait
- Seek Medical Attention
Immediately following an injury, your health should be the top priority. Seek medical attention as soon as possible, even if you believe your injuries are minor. Ensure that all medical treatments are documented, as this will be essential for your claim. Make sure you leave Kuwait with all your medical records, MRI reports, MRI images on disc, etc. Now, you should speak with a DBA lawyer while you are still in Kuwait before going back home as mentioned above. There are many useful tips that a DBA law firm will provide you, such as making sure you notify your employer in writing, making sure you obtain all medical records, making sure you print up all wage records, making sure you understand you are entitled to treat with a physician of your choice, and many other issues. Sometimes employers or the DBA insurance carrier will push you to seek additional medical care with a doctor in Kuwait. For example, to have treatment including surgery. It is important to think about this and talk to a DBA lawyer right away after your injury before agreeing to any surgical procedures or care with Kuwait doctors as opposed to physicians near your home. Under the DBA, you are entitled to treat with a physician of your choice.
- Notify Your Employer
Report your Camp Arifjan injury to your employer or supervisor as soon as it occurs. Do this in writing. Under DBA regulations, you must inform your employer within 30 days of the injury. Failing to do so may jeopardize your claim. Provide a written account of the incident and details about your injury and provide to your employer. Make sure you leave with these documents. If an incident report was completed, make sure you leave with that as well. If there were witnesses to the incident, make sure you have their phone numbers, emails, addresses, etc.
- Complete the Required Forms
To formally initiate a DBA claim, you will need to complete specific forms. The primary form is the Notice of Injury (Form LS-201), which provides details about the injury and how it occurred. I suggest you first speak with a DBA lawyer before filing this form. You must include in this form all areas where you were injured. For example, if you have neck pain, as your primary injury, but also experience pain to you shoulder to a lesser degree, you should include in the form shoulder pain as well. If, for example, you experience back pain, but you also feel pain/numbness/tingling into your leg(s), you should include that in the form. You may also need to fill out additional forms depending on your specific case.
- File Your DBA Claim with the Office of Workers’ Compensation Programs (OWCP)
Once you have completed the necessary forms, You will need submit your claim (LS203) to the Department of Labor OWCP. Ensure that you keep copies of all documents for your records. It’s crucial to file your claim within one year of the injury date, as late submissions can result in denial. However, speak with a DBA lawyer about completing the notice of claim (LS203). It is important to not only file the LS203 timely, but to make sure it is completed corrected. Before leaving Kuwait, make sure you print up all your pay records for a minimum of one year before the incident and preferably for as far back as you can go.
- Document Everything
Keep detailed records of all medical treatments, communications with your employer, especially documents reporting the incident and injury, and any related expenses. This documentation will support your DBA injury claim and help address any disputes that may arise.
- Talk to a DBA Lawyer
DBA is complicated. Do not try to go it alone. Talk to a DBA lawyer as soon as you can after your injury. A DBA lawyer will provide you with information and DBA tips that will be helpful to your Defense Base Act claim. Again, it is best to talk to a DBA lawyer as soon as you can after your incident and before you go home for any treatment.
Considerations for Camp Arifjan Workers
Environmental Hazards
Camp Arifjan is known for its challenging working conditions, including extreme heat, dust storms, and potential exposure to hazardous materials. These factors can contribute to various injuries and illnesses. Document any environmental conditions related to your injury, as this information can be crucial for your claim.
Legal Assistance
Navigating the DBA claims process can be complex and overwhelming, particularly for those unfamiliar with legal procedures. As noted above, consider consulting with an attorney experienced in DBA claims to help you understand your rights, gather necessary documentation, and effectively present your case.
Worker’s Rights and Benefits
Under the DBA, you are entitled to several benefits if your claim is approved, including:
- Medical treatment costs
- Temporary total disability payments (TTD)
- Permanent disability benefits
- Death benefits for dependents in the event of a fatal injury
Conclusion
Filing a Defense Base Act claim for injuries sustained while working at Camp Arifjan in Kuwait can be a critical step in securing the compensation you need to recover. Understanding the DBA process and ensuring you follow each step carefully can help you navigate this challenging situation. By seeking medical attention promptly, notifying your employer, completing the necessary forms, and maintaining thorough documentation, you will be better positioned to succeed in your DBA claim. A skilled DBA lawyer on your side from the beginning will be able to make the process easier for you. Further, having a DBA lawyer onboard early to help you fight this battle is beneficial. Your DBA lawyer will update your claim with medical records, update the DBA insurance companies and be your voice. If you have a DBA lawyer onboard early, he/she will be prepared when it comes time to settle your DBA claim whether though DBA mediation or otherwise. Having a DBA Attorney on your side is important when you are scheduled for recorded statements by DBA insurance carriers, IMEs (Independent Medical Evaluations – set with DBA insurance company doctors), functional capacity evaluations, DBA informal conferences, vocational evaluations and more.
I am a DBA attorney and a veteran of the US Army Rangers, having served with the 3D Ranger Battalion. I am available to talk about your injuries and your DBA claim at any time. I oftentimes speak with DBA clients still in Camp Arifjan through What’s App. I represent injured civilian contractors worldwide. My DBA website is defensebaseactlawyers.com and my phone number is 772-283-8712. I have several DBA Youtube videos on my DBA channel. You may also contact me here through this online form.
Tim Nies, Esq.
Van Riper and Nies Attorneys
Main Address: 900 SE Ocean Boulevard, Suite 140-E, Stuart, FL 34994