Navigating Shoulder Injury Claims Under the Defense Base Act: A Comprehensive Guide by DBA Attorney, Timothy Nies, an Army Ranger Veteran
Introduction:
Defense Base Act lawyer, Tim Nies, an Army Ranger Veteran understands shoulder injuries more than most DBA attorneys. Tim had a reverse shoulder replacement through the VA.
Shoulder injuries are not uncommon in physically demanding professions. Particularly so in fields like protective security, heavy wheel mechanics, avionics, and other fields where private contractors are typically employed overseas, including Iraq, Somalia, Syria, Poland, and elsewhere around the world.
For individuals working under the Defense Base Act (DBA), which provides workers’ compensation coverage to employees working overseas on U.S. military bases or under contracts with the U.S. government for public works or national defense, shoulder injuries can significantly impact the livelihoods of military contractors. Understanding how to navigate shoulder injury claims under the DBA is crucial for affected injured workers to ensure they receive the compensation, medical care, and support they deserve.
Understanding the Defense Base Act:
Enacted in 1941, the Defense Base Act extends the benefits of the Longshore and Harbor Workers’ Compensation Act (LHWCA) to employees working outside the United States on military bases or under certain government contracts. It covers various types of injuries and occupational diseases, including those affecting the shoulders, and provides benefits such as medical treatment and disability compensation.
Common Causes of Shoulder Injuries of Military Contractors:
Shoulder injuries can result from various workplace hazards and activities, including:
- Repetitive motions: Continuous overhead reaching or lifting heavy objects can strain the shoulder muscles and tendons, leading to injuries like tendonitis or bursitis.
- Traumatic accidents: Falls, vehicle accidents, injuries on firing ranges, and being struck by objects are common causes of acute shoulder injuries such as fractures, dislocations, SLAP tears, or tears in the ligaments or rotator cuff.
- Overexertion: Excessive physical exertion, especially in environments with inadequate rest periods or ergonomic support, can cause muscle strains or tears in the shoulder area.
- Work-related illnesses: Prolonged exposure to certain environmental hazards or repetitive tasks can contribute to the development of conditions like frozen shoulder syndrome or osteoarthritis.
Filing a Shoulder Injury Claim under the Defense Base Act:
Workers who sustain shoulder injuries while working under a US Government Contract must adhere to specific procedures when filing a compensation claim:
- Report the injury promptly to the employer: Notify the employer or supervisor about the injury, in writing, as soon as possible and seek medical attention. Please note that under the DBA, you only have 30 days to report the incident/injury. Oftentimes clinics in Iraq, Syria, Kuwait, Somalia, Poland, etc. do not have the care available that injured workers require. Therefore, before going home, search for an experienced shoulder orthopaedic surgeon near where you live. Do not let the DBA insurance carrier select your doctor. You are entitled to a physician of your choice.
- Complete Form LS-203: File a written notice of the injury using Form LS-203 with the Office of Workers’ Compensation Programs (OWCP) district office. I suggest that you speak with a DBA lawyer before doing so. Don’t wait to do so as you only have a year to do so after the date of incident for most injuries.
- Obtain medical evidence for use in your DBA claim, mediations, and conferences/formal hearings at DOL and OALJ: Gather medical documentation supporting the diagnosis, treatment, and prognosis of the shoulder injury, including medical reports, imaging studies, and treatment records. Make sure you leave your overseas post with copies of any clinic records and the incident report(s).
- Consult with a DBA attorney about your shoulder injury: Consider seeking legal representation from an attorney experienced in DBA claims to navigate the complex Defense Base Act claim process and ensure that your rights are protected.
Challenges and Considerations:
While the DBA provides coverage for shoulder injuries sustained in the course of employment, injured workers may encounter challenges during the Defense Base Act claims process, including:
- Disputes over causation: Employers or DBA insurance carriers may dispute the relationship between the shoulder injury and the work activities, requiring claimants to provide evidence linking the injury to their job duties.
- Medical examinations: Claimants in DBA claims may be required to undergo independent medical examinations (IMEs) arranged by the employer’s insurance carrier, which may lead to conflicting medical opinions regarding the nature and severity of the injury. It is important to speak with a DBA lawyer as soon as you receive a notice of an IME.
- Delays in benefits: Processing times for DBA claims can vary, leading to delays in receiving medical treatment and DBA compensation.
Conclusion:
Shoulder injuries can have profound consequences for individuals working under the Defense Base Act, affecting their ability to perform job duties and maintain their quality of life. By understanding the steps involved in filing a shoulder injury claim under the Defense Base Act and seeking appropriate legal assistance with a DBA lawyer, injured workers can navigate the DBA claims process more effectively and secure the benefits they need to recover and move forward with their lives.
Contact DBA attorney Tim Nies for a free consultation about your shoulder DBA claim. The best time to speak with Tim is before leaving to return home for medical care. DBA insurance company adjusters or investigators will attempt to contact you soon. It is best to have a DBA lawyer consult with you before they do call. Call Tim at 772-283-8712 or contact us via email. Tim will work quickly in filing your DBA claim, litigating your claim, resolving your DBA claim at a DBA mediation, or preparing for a formal hearing before the Office of Administrative Law Judges. Tim represents injured workers in DBA cases worldwide.