Medical Care Abroad in DBA Claims

 Medical Care Abroad in DBA Claims

When working overseas as a government contractor, injuries can occur suddenly and under dangerous circumstances. Whether it’s a blast injury, orthopedic trauma, or a psychiatric condition like PTSD, the steps you take immediately after an injury can determine the success of your Defense Base Act (DBA) claim. One of the most important steps, and one that many contractors overlook, is carefully documenting medical treatment received abroad. As a DBA lawyer, I can tell you that every day I use medical records during depositions, DBA informal conferences, DBA hearings, and during Defense Base Act mediations. Exhibit A is always the overseas medical records.

Why Documentation Matters

The DBA authorizes benefits such as medical care and wage loss compensation to injured civilian contractors working under U.S. contracts overseas. However, carriers and their attorneys often challenge whether an injury is related to work or whether it truly requires ongoing treatment. Without medical documentation from the outset, your DBA claim may face unnecessary delays, denials, or disputes.

DBA insurance carriers (oftentimes Starr Indemnity, Arch Insurance, AIG, ESIS) frequently argue that:

• The injury was pre-existing and not related to work.
• The claimant exaggerated symptoms due to a lack of consistent medical records.
• There is no objective evidence of ongoing medical care overseas.

Having accurate and consistent documentation protects against these defenses and will facilitate your DBA claim.

What to Document While Abroad

If you are injured overseas while working under a US Government contract, make sure to:

1. Keep Copies of All Medical Records
   Request copies of clinic notes, hospital discharge papers, and diagnostic test results. Even if written in another language, these records can later be translated and submitted as evidence. If the only medical care you received was from a medic, obtain copies. If an MRI was completed, ask for a copy of the MRI images on a disc.
2. Track Prescriptions and Medications
   Save receipts, packaging, and physician instructions. This demonstrates both treatment received and ongoing medical needs.
3. Record Dates and Locations of Treatment
   Write down when and where you were treated. Even a brief visit to a CHS clinic or a local hospital should be documented.
4. Maintain Contact Information
   Obtain the names and contact information of doctors, nurses, or clinics. This allows your DBA attorney to follow up for clarifications or statements if necessary.
5. Document Symptoms and Limitations
   Keep a journal of symptoms, pain levels, and how the injury impacts your daily work duties. This contemporaneous record can be powerful evidence months or years later.

Challenges Contractors Face Overseas

In many locations, medical care is limited, fragmented, or chaotic. Records may be handwritten or incomplete. Contractors may be evacuated before receiving official paperwork. Despite these challenges, even partial documentation can make a significant difference in establishing a clear medical history tied to your overseas employment.

How Documentation Helps Your Defense Base Act Claim

By documenting medical treatment abroad, you:

• Establish a timeline linking your injury directly to your employment overseas.
• Demonstrate ongoing need for medical care once back in the U.S.
• Strengthen settlement negotiations, including at DBA mediations, by presenting undeniable evidence of the injury’s seriousness.

Final Thoughts

The Defense Base Act is meant to protect injured contractors, but without proper documentation, you may face unnecessary obstacles. If you have been injured overseas, act quickly to collect and preserve your medical records before returning home. Contact a lawyer experienced with DBA claims right away, preferably before leaving to return home for medical care.

As a DBA attorney and an Army Ranger Veteran, I fight for injured contractors nationwide. If you or a loved one has been injured while working under a U.S. contract abroad, contact us today to discuss your rights and options. The most important time to speak with a DBA Attorney is before you return home from your overseas employment. Call 772-283-8712 day or night, or contact us here.

Tim Nies, DBA Attorney

Van Riper and Nies Attorneys, 900 SE Ocean Blvd., Stw 140-E, Stuart, FL 34994. Tel: 772-283-8712