Retaining a DBA Lawyer Early: Why Waiting to Hire a DBA Lawyer is a Risk You Can’t Afford
By Tim Nies, Defense Base Act Lawyer and Army Ranger Veteran
When I served as an Army Ranger with the 3rd Battalion, 75th Ranger Regiment, we lived by a simple truth: “Speed, mobility, and surprise.” In the world of the Defense Base Act (DBA) claims, speed and preparation are just as critical. This article discusses the benefits of retaining a DBA lawyer early.
I’ve been practicing injury law for over 24 years. I attended law school after an injury in the Rangers cut my career short. After law school, I spent my first eight years as an insurance defense attorney, learning exactly how insurance companies think, track claims, and, most importantly, how they look for reasons to stop paying. Since then, I have dedicated my career to representing injured overseas contractors. The most common mistake I see contractors make is waiting until a crisis occurs before calling a DBA lawyer. Here is why you need a DBA attorney in your corner from day one.
The “Wait and See” Trap
Many contractors feel that if the DBA insurance company is currently paying their weekly compensation and authorizing doctor visits, everything is fine. They think, “I’ll call a DBA lawyer if they ever stop paying me.”
By the time the DBA insurance carrier reduces your compensation, terminates your benefits, or denies a necessary medical procedure, you are already in a hole.
If you wait until the denial email arrives to retain counsel, a DBA lawyer has to start from scratch while your income is reduced or terminated. It takes time for a DBA law firm to:
- Request and receive voluminous medical records from overseas and domestic providers, especially if the claim is months or years old.
- Secure wage records and contracts to ensure your Average Weekly Wage (AWW) is calculated correctly.
- Obtain and review the official Department of Labor DBA file.
- Coordinate with doctors to counter the DBA insurance company’s hand-picked IME doctors.
While we are doing this essential work, your bills don’t stop. By hiring a DBA lawyer early, your lawyer will have the legal ammunition ready so that the moment the insurance company tries to cut corners, your lawyer can respond quickly.
Understanding the DBA Insurance Company’s Playbook
Having spent years on the defense side, I know insurance company tactics. From IMEs to recorded statements, depositions, and vocational evaluations.
When you have a DBA attorney early on, we ensure that:
- Your AWW is Accurate: Insurance companies often calculate the AWW (Average Weekly Wage) incorrectly, resulting in reduced DBA compensation payments.
- Your Medical Care is Protected: We make sure you are seeing the doctors you choose, not just the ones the DBA insurance company suggests.
- Dealing with DBA deadlines. Having a DBA lawyer onboard early makes sure that nothing is missed from notification of injury and claim filing deadlines are not missed.
- A DBA lawyer also prepares you for critical events, such as IMEs (independent or defense medical evaluations) and depositions.
- If a contractor is still overseas after an injury, the best time to talk to a DBA attorney is before leaving to return home, so the contractor obtains documents beneficial to the DBA claim before returning home, obtaining witness information, obtaining overseas medical records, properly notifying the employer of the injury, etc. Oftentimes, shortly after an incident, a representative from the DBA insurance company will call an injured worker to obtain a “recorded statement.” It is best to first talk to a DBA lawyer about recorded statements.
The Cost: It Costs You Nothing Upfront
One of the biggest misconceptions is that hiring a DBA lawyer is expensive. In DBA claims, it costs you nothing out-of-pocket to retain me. If we successfully prosecute your claim and obtain a settlement, the DBA insurance company is typically responsible for paying our hourly attorney’s fees and costs if we are successful. We do not take a percentage of your weekly compensation checks, nor do we take a percentage of any settlement, as is typical in car accident cases. All fees are paid at the end by the insurance company (either after a benefit that the insurance company denies is litigated and obtained or after a successful resolution of the claim, as after a DBA mediation. The Office of Administrative Law Judges or the Department of Labor must approve any fees.
Accessibility and Action
In the Rangers, we didn’t sit around waiting for things to happen; we made them happen. I bring that same mentality to my practice at Van Riper & Nies Attorneys. I am known for being accessible to my clients and working quickly because I know that for an injured contractor, time is the one thing you don’t have to waste.
Don’t wait for the insurance company to make the first move. Be proactive. If you’ve been injured working on a U.S. government contract overseas, contact us today at 772-283-8712 for a free consultation. I am also available for consultations via WhatsApp. I represent injured contractors nationwide in Defense Base Act claims.
Tim Nies
Van Riper and Nies Attorneys, 900 SE Ocean Boulevard, Suite 140-E, Stuart, FL 34994
Tel: 772-283-8712