Navigating Defense Base Act Deadlines

When I served in the 3rd Ranger Battalion, 75th Ranger Regiment, we lived by a simple standard: “Rangers lead the way.” We didn’t wait for things to happen; we made them happen. Now, as a DBA claimant’s attorney, I see too many contractors lose their “mission” because they waited too long to act. In the world of the Defense Base Act (DBA), timing isn’t just a detail; it is the difference between getting the medical care you earned and being left with a stack of bills without DBA compensation.

At Van Riper & Nies Attorneys, P.A., I represent injured contractors nationwide and worldwide. Whether you are stateside or still at a forward operating base, you need to understand that the DBA insurance company is not your friend. They are looking for any excuse not accept a DBA claim. This article is your briefing on Navigating Defense Base Act Deadlines After an Overseas Injury.

The Defense Base Act (DBA) is a federal law that provides workers’ compensation protection to civilian contractors working outside the United States. It is important to understand that the DBA is actually the Defense Base Act as extended by the Longshore and Harbor Workers Compensation Act (LHWCA). The law covers almost everyone working on a U.S. government contract abroad, from security specialists and mechanics to linguists and administrative staff. Because it is an extension of the Longshore Act, it carries specific, rigid federal requirements that differ significantly from state workers’ compensation laws. If you don’t follow the rules and deadlines, you put your DBA claim at risk.

Under the DBA, the first critical milestone is the 30-day notice. You must notify your employer in writing within 30 days of the date of your injury. In the Ranger Regiment, we were taught to “drive on,” but in the contracting world, “driving on” without reporting an injury is a tactical error. If you wait until you get home to tell your employer that your back went out six months ago in Kuwait but kept it to yourself, the DBA insurance carrier will likely deny the claim, arguing they had no chance to investigate. Secure your claim and report the injury immediately in writing, so you have proof of reporting the injury. You may use this form straight from the US Department of Labor’s site: Notice of Employee’s Injury or Death, which has instructions on the second page.

While notifying your employer is the first step, filing a formal claim (Form LS-203) with the Department of Labor is the final defensive line. The best advice is to contact a Defense Base Act lawyer early to file the LS-203 form. Generally, you have one year from the date of the injury to file this claim. If the DBA insurance company has been voluntarily paying you (for example, TTD or TPD) and then suddenly cuts you off, you generally have one year from that last payment to file the LS-203. If you miss this window, your claim may be in serious trouble. Don’t let a paperwork deadline be the reason your DBA claim fails.

There are special rules relating to occupational injuries, such as PTSD, contact a DBA lawyer to explore this further. Essentially, in PTSD and other occupational disease cases, the clock does not start at the first symptom, but generally rather when a medical professional, such as a psychiatrist, connects the psychiatric injury to your overseas employment under a US Government contract. Because DBA carriers frequently dispute when “awareness” occurred, early reporting and prompt filing are critical. Again, contact a DBA attorney early after an injury so you do not miss filing deadlines. The safest move is to file the LS-203 even while DBA benefits are being paid.

As a DBA claim attorney, I provide legal oversight for contractors who have been left high and dry by DBA insurance carriers. I handle the heavy lifting of the Defense Base Act, from investigation to filing, informal conferences, DBA litigation, depositions, IMEs, DBA mediations, and settlement to formal hearings at the Office of Administrative Law Judges, so that you can focus on your recovery. We represent injured contractors nationwide and worldwide. If you have been hurt downrange, do not leave your future to chance. Contact me for a free DBA consultation day or night. The best time to talk to a DBA attorney is after your injury, before returning home for medical care.

Van Riper & Nies Attorneys, P.A.
Phone: 772-283-8712

Web: defensebaseactlawyers.com

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