Recorded Statements in DBA Claims

If you are a civilian contractor injured while working overseas under a U.S. government contract, you may be eligible for compensation under the Defense Base Act (DBA). The DBA is a federal workers’ compensation program that provides benefits to civilian employees injured while working outside the United States in support of U.S. military operations or related activities. Navigating a DBA claim can be challenging, especially when it comes to handling recorded statements requested by DBA insurance company representatives. Having an experienced DBA attorney by your side is crucial to protect your rights and ensure you receive the benefits you are entitled to.

A recorded statement is a formal interview conducted by a DBA insurance company representative to gather information about the circumstances surrounding an injury or incident. In a DBA claim, insurance companies often request recorded statements from injured workers as part of their investigation process. They often tell injured workers that the statements are needed before issuance of DBA compensation. This is not correct. These statements can play a significant role in determining the outcome of a claim. There are multiple DBA insurance carriers and third-party administrators (which handle claims for DBA insurers), including Starr Indemnity, Gallagher Bassett, ESIS, AIG, Allied World, Broadspire, CNA, and others.

1. Assess the Validity of a Claim: The Defense Base Act insurance representative will try to determine whether the injury occurred in the course of employment and whether it meets the requirements for DBA coverage.

2. Identify Potential Defenses: DBA insurance companies may use the recorded statement to find any discrepancies or inconsistencies that could be used to deny or reduce the claim.

3. Estimate the Value of a DBA Claim: The information provided in the recorded statement can influence the DBA insurer’s decision on the compensation amount. For instance, the DBA insurance carrier will ask about the extent of injuries, such as back and neck injuries, shoulder injuries, PTSD, knee injuries, etc. It is important to discuss all injuries sustained and not just major injuries to ensure proper medical care under the DBA.

The Risks of Providing a Recorded Statement

While a recorded statement may seem like a routine part of the claims process, there are significant risks involved in providing one without proper guidance. Here are some potential pitfalls:

– Inadvertent Misstatements: The stress of being injured, coupled with unfamiliarity with the DBA claims process, can lead to unintentional errors or inaccuracies. Insurance adjusters may exploit any inconsistencies in the statement to question the legitimacy of your claim.

– Leading Questions: DBA insurance representatives are trained to ask questions that may lead you to provide information that can be used against you. For example, they may ask you to describe the incident in great detail, looking for any discrepancies in your account that could be used to deny the claim.

– Minimization of Injuries: DBA insurance adjusters might ask questions designed to downplay the severity of your injuries. Even seemingly innocent questions during a DBA recorded statement about your current activities or daily routine could be used to suggest that your injuries are less severe than claimed.

The Importance of Having a DBA Attorney

Given the potential for recorded statements to impact the outcome of your DBA claim, having an experienced DBA attorney by your side is essential. Here’s why:

1. Legal Guidance and Protection: A DBA attorney can advise you on whether you should provide a recorded statement at all and, if so, what to expect during the process. The Defense Base Act lawyer can ensure that you do not say anything that could inadvertently harm your Defense Base Act claim.

2. Representation During the Interview: If you do decide to provide a recorded statement, your Defense Base Act attorney can be present during the interview to protect your interests. They can object to improper questions and clarify any ambiguous or misleading inquiries.

3. Pre-Interview Preparation: Your DBA lawyer can help you prepare for the recorded statement by going over the facts of your DBA claim, reviewing medical records, and discussing potential questions. This preparation helps ensure that you provide accurate and concise answers. Further, your DBA lawyer will attend the recorded statement if he/she permits it in the first place.

4. Negotiation Power: DBA insurance companies often take claims more seriously when a claimant is represented by an attorney. A skilled DBA attorney can negotiate on your behalf, including at DBA mediations, ensuring that you receive fair compensation for your injuries and losses.

Conclusion