Florida Defense Base Act Lawyer
Tim Nies, our lead Florida Defense Base Act lawyer and veteran of the U.S. Army’s elite 3rd Ranger Battalion, acts swiftly and knows how to successfully battle the DBA insurance carriers. He is known for obtaining outstanding financial results for his clients. From his DBA law office in Stuart, Florida, Tim is your Florida Defense Base Act lawyer to go to. Tim represents injured workers nationwide from his Florida law office.
Tim, a Florida trial lawyer for over 22 years, goes to work every day fighting for his clients’ rights and does not allow DBA insurance companies to mistreat his clients. The best time to retain a Defense Base Act lawyer is right after an injury overseas. This way, when the insurance companies wrongfully reduce or terminate compensation, refuse to authorize a choice of physician, or offer low-ball DBA settlements, Tim is ready to swiftly react to bring the matter before an Administrative Law Judge.
About Florida Defense Base Act Lawyer Tim Nies
When you experience an injury while working overseas under a U.S. Government contract, everything changes. Our lead DBA Attorney, Tim Nies, a Ranger Veteran of the U.S. Army’s Third Ranger Battalion, and trial-savvy Florida DBA attorney, is a warrior and does not allow DBA insurance companies to unfairly treat his Florida-based clients or force clients into unfair settlements. Tim was a former insurance company trial attorney until 2008 when he began representing strictly injured contractors.
Tim knows how to maximize his clients’ settlements at DBA mediations because he knows the playbook of the DBA insurance company adjusters and lawyers. He represents injured military contractors throughout the United States and around the world. Tim regularly goes to battle against DBA insurance companies for his clients, including Starr Indemnity, Gallagher Bassett, AIG, Allied World National Assurance Company, Broadspire, ACE, and more.
DBA Eligibility
Under the Defense Base Act, contractors who meet any of the following criteria may be eligible for benefits whether they are U.S. citizens, or not:
- Workers employed for a private employer on any land the United States utilizes for military purposes or foreign U.S. military bases.
- Workers who work overseas on a public works contract for any U.S. federal agency that is included in war activities or national defense activities.
- Workers who work abroad under a United State Government approved and funded contract. This will include but is not specifically limited to, military-related services.
- Individuals who perform work on behalf of the USO or any other organization or business entity that provides welfare and moral support to the military overseas.
5 Tips for Settling your Defense Base Act Claim
1. Hire a DBA attorney.
You should hire a DBA attorney soon after you are injured. Private military contractors only have one year from the date of their injury to file form LS-203 with the DOL. Further, from the date you are injured, you will be contacted by the DBA insurer. These days Gallagher Bassett and Broadspire handle DBA claims for insurance companies such as Allied World and Starr Indemnity. Without fail, Gallagher Bassett and Broadspire and other DBA insurers and claim administrators will hire an attorney. You should have one, as well, going to battle for you. Having a Florida Defense Base Act lawyer communicate with the DBA adjuster or insurance company attorney takes the stress off you so you can concentrate on healing. Florida DBA lawyers are not allowed to take a percentage of your DBA settlement. Defense Base Act lawyers’ fees are paid by the DBA insurance company after a benefit is obtained.
2. Obtain a job if your doctor permits.
Because you were likely a high-wage earner in Syria, Kuwait, Qatar, Iraq, Niger, Somalia, or elsewhere, you will still likely receive your DBA compensation checks from your employer’s insurance company even though you are working back here in Florida. Under the DBA, your “impairment” is actually an impairment, or damage, to your earning ability. So, if you earned $4,500/week in Iraq, and you obtain a job back home here for $600/week, you will still receive your checks from the insurance company (at the maximum compensation rate) because you still have a wage loss of about $3,900. DBA insurance companies and DBA claim administrators, such as AIG, Starr Indemnity or Gallagher Bassett, like when you work.
OALJ Judges like when you work. You too will feel better. Further, when your DBA claim is in the position to settle, you will likely undergo a vocational assessment with a company hired by the insurance company. It will help the process if you are already working.
3. Do not engage in activities that violate any restrictions placed by your doctor.
Before helping DBA claimants, I was an insurance company attorney. I oftentimes used surveillance video as a tool. I utilized it, because it was effective. You cannot live your life worrying about investigators filming you. However, just remember that if you are filmed seriously violating any restrictions, DBA insurance companies are known to stop DBA compensation after reviewing surveillance video. In one case, I spent months on a case battling the DBA insurance carrier, to reinstate compensation because of video surveillance. In another case, a DBA insurance carrier went as far as hiring an investigator who placed camouflaged hunting cameras and a GPS tracker on the pickup driven by my client, a Special Forces veteran. If it sounds unbelievable, please read this DBA blog article about video surveillance by DBA carriers, with photographs of the devices.
4. Be honest with your Florida DBA lawyer.
This is one of the most important of the 5 tips for settling your Defense Base Act claim. The Florida Defense Base Act lawyer, you hire, should be your advocate. Your Florida DBA lawyer is on your side and fights DBA battles against Gallagher Bassett, Broadspire, Starr Indemnity, Allied World, AIG, and ACE insurance.
Your Florida DBA lawyer needs to know the good and the bad to prepare your claim properly. Being upfront with your Florida DBA lawyer will speed up the process. DBA lawyers don’t like surprises, especially at DBA mediations, depositions, and formal hearings before the OALJ. So, if you have a preexisting injury, tell your lawyer. If you have a subsequent injury, tell your DBA lawyer. If you have trouble with the law, tell your DBA attorney. It will be worse if your Florida DBA lawyer finds out about it through the insurance company because they for sure will find out. If you obtain a job, tell your lawyer. Remember, your Florida lawyer is here to help you and it is important that your lawyer knows these things before the DBA insurance company lawyers find out, which they will.
5. Be honest with your doctor.
There are very few circumstances that could cause a suspension of your DBA benefits. Lying to your doctor is one of them. DBA insurance companies want to have an excuse to cut your benefits. Don’t give them one.
Contact our Florida Defense Base Act Lawyer for Free
If you reside in Florida, Tim will meet you in person to discuss your DBA claim. Tim regularly represents workers residing in Miami, Fort Lauderdale, Jacksonville, Tampa, Key West, West Palm Beach, Orlando, St. Petersburg, Port St. Lucie, Tallahassee, Hollywood, and many more. For more information 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.