Going to Battle for DBA Benefits for Contractors Injured in Syria: A DBA Lawyer and Army Ranger Veteran’s Commitment
By Tim Nies, Defense Base Act Lawyer and Army Ranger Veteran
As a U.S. Army Ranger veteran and a DBA lawyer, I understand the unique hazards and silent battles faced by the brave men and women serving as civilian contractors in hostile environments like Syria. For over 24 years, I’ve been an injury attorney. First, for the first eight years, for insurance companies, where I learned their tactics, and for the last more than 16 years, fighting for injured individuals. I use this unique knowledge in going to battle for DBA benefits for contractors injured in Syria and worldwide.
The Defense Base Act (DBA) is a vital federal workers’ compensation system designed to protect civilian employees working overseas under U.S. government contracts. If you are injured in Syria while supporting U.S. operations, you are generally entitled to medical care and compensation, regardless of who was at fault.
The Reality on the Ground: Common Injuries and the Fight for Care
Contractors in Syria face a myriad of risks beyond typical workplace hazards, including combat-related trauma, orthopedic injuries (herniated lumbar or cervical discs, shoulder injuries, hip injuries, etc) from demanding physical labor or incidents, and psychiatric injuries such as post-traumatic stress disorder (PTSD). The immediate challenge is often securing prompt and appropriate medical care, which can be complicated by the austere environments and navigating the transition back to U.S. healthcare systems.
Navigating the DBA Minefield: Why You Need an Experienced Guide
While the right to compensation is clear, the process of obtaining benefits is anything but straightforward. DBA Insurance carriers frequently delay payments, deny claims, or offer low DBA settlements, forcing injured workers into a secondary fight for basic medical and financial support.
Here are the critical steps to protect your claim:
- Report the Injury Immediately: Notify your employer in writing as soon as possible after the injury occurs. Delays can jeopardize your claim. Don’t take the position that you will just wait for RandR to get checked out at home, as doing so and not reporting the injury within 30 days can be fatal to a claim. Don’t give the DBA insurance companies reasons to deny your claim. Report your injuries, even if minor, within 30 days.
- Seek Medical Attention and Document Everything: Get immediate medical evaluation and treatment. Keep detailed records of all medical care, prescriptions, and communications with your employer. You have the right to choose your own doctor.
- File Necessary Forms: You must file Form LS-201 (Notice of Employee Injury or Death) with your employer and the Department of Labor (DOL) within 30 days, and Form LS-203 (Employee’s Claim for Compensation) with the DOL within one year of the injury.
- Consult a DBA Attorney Sooner Rather than Later: An experienced DBA claims attorney can guide you through the complex rules, ensure all deadlines are met, gather evidence, and battle the insurance companies on your behalf. I understand the tactics used by DBA defense lawyers and am not afraid to take on major carriers like AIG and Starr Indemnity. The best time to talk to a DBA lawyer is while you are still overseas.
My Commitment to You
As a veteran and a DBA lawyer, I have your six. I know firsthand what it takes to overcome career-changing injuries and the challenges of the federal system, as I sustained career ending injuries in the Rangers. My mission now is to leverage my unique experience to ensure that those who serve our country in a civilian capacity receive the full compensation and medical benefits they are entitled to.
INJURED IN SYRIA? YOUR IMMEDIATE DBA CHECKLIST
This checklist is your action plan following an injury sustained while working overseas under a U.S. government contract (Defense Base Act). Following these steps is important to protecting your right to your DBA benefits, including medical care and financial compensation.
PHASE 1: IMMEDIATE ACTIONS
- Secure Your Safety & Seek Medical Care Immediately
Your health is the priority. Get prompt medical evaluation overseas, even with a medic, PA, or FOB clinic, etc. Do not delay seeking treatment, even for injuries that seem minor initially. Keep these records. - Notify Your Supervisor/Employer (In Writing)
You must formally report the incident to your direct supervisor or HR representative.
- Do this immediately, even from a base or local clinic.
- Crucial: Do this in writing (email is fine), but make sure to keep a copy of that email.
- What to include: Date, time, location, a brief description of how the injury happened, and what body parts are injured or where you feel pain. Include all areas where you are having pain, including secondary injuries. For example, if your primary injury relates to back pain, but you are also feeling pain in your shoulder, include that in the notification.
- Keep a copy of all communications with your employer about the incident, your injuries, etc.
- Document the Scene & Injuries
If physically able, gather evidence:
- If permitted, take photos of the accident site, any equipment involved, as well as any visible injuries. Take photos of your body armor. These photographs may be useful in explaining your injuries and work conditions to your doctor at home and during DBA mediations, informal conferences, and formal hearings before the Office of Administrative Law Judges (OALJ).
- Get names and contact information for any witnesses (co-workers, medics, military personnel), as it may be hard to obtain this information later.
PHASE 2: FILING OFFICIAL PAPERWORK (Strict Deadlines Apply)
- File Federal Form LS-201 (Notice of Injury)
This is the formal notification to the U.S. Department of Labor (DOL).
- Deadline: This form must be filed within 30 days of the injury. Failure to meet this deadline may cause problems later.
- Action: Complete and submit Form LS-201: Notice of Employee Injury or Death.
- Send copies to: Your employer, their insurance carrier, and the appropriate DOL office.
- File Federal Form LS-203 (Claim for Compensation)
This form officially requests monetary compensation and medical benefits.
- Deadline: This form must be filed within 1 year of the injury.
- Action: Complete and submit Form LS-203: Employee’s Claim for Compensation.
- Send copies to: Your employer, their DBA insurance carrier, and the appropriate DOL office.
- It is best to talk to an experienced DBA lawyer before filing this form.
PHASE 3: ONGOING MANAGEMENT & DBA LEGAL GUIDANCE
- Track All Medical Records and Expenses (Note that under the Defense Base Act (You are entitled to a physician of your choice)
Maintain a dedicated file for everything:
- Doctor’s notes, prescriptions, physical therapy records, MRI reports and images, work restrictions (such as the Work Capacity Evaluation forms: OWCP 5-C for musculoskeletal injuries or OWCP 5-A for psychiatric/psychological injuries.
- Receipts for co-pays, travel expenses to appointments, and pharmacy bills.
- Consult a DBA Attorney (Immediately)
The DBA insurance company has defense lawyers whose job is to minimize their payout. You need someone in your corner who knows the system and understands your service.
- Action: Contact a specialized Defense Base Act lawyer before you give a recorded statement to the DBA insurance adjuster or sign any settlement agreements.
- The DBA Insurance Trap: Do not assume the DBA insurer is working in your best interest. They may deny claims for pre-existing conditions, dispute the cause of the injury, or terminate benefits prematurely.
- Do Not Sign Away Your Rights
Be wary of documents provided by your employer or their insurance carrier. Never sign a release or settlement agreement without having it reviewed by your own independent DBA lawyer.
Need DBA Help Now?
As a U.S. Army Ranger veteran and a dedicated DBA lawyer, I understand the unique battles you face for injuries sustained in Syria. I am ready to help contractors worldwide. The best time to speak with a DBA lawyer is while you are still overseas to make sure you complete important steps, such as selecting a physician of your choice, obtaining pay records, documenting injuries, and more. I am available day or night.
Our legal fees are paid separately and directly by the DBA insurance company upon obtaining a benefit for a client (where the DBA carrier does not authorize a benefit and we fight, and win this benefit, or at a successful resolution of the DBA claim), but these fees must always be reviewed and approved as reasonable by the Department of Labor (DOL) or an Office of Administrative Law Judge (OALJ) before payment is authorized. DBA lawyers do not receive a set percentage of recovery as in regular personal injury cases. It costs you nothing to contact me today.
Contact Information:
Tim Nies, DBA Attorney
Van Riper and Nies Attorneys
900 SE Ocean Boulevard
Stuart, FL 34994
Tel: 772-283-8712
Website: defensebaseactlawyers.com
Email: [email protected]
You can find additional information in my DBA Articles and on my DBA Facebook Page.