Timing of DBA Compensation
I am a DBA attorney and veteran of the US Army’s 3D Ranger Battalion. I am most often asked this question. How Soon Should Compensation Be Received Under the DBA After an Injury? This article discusses the timing of DBA compensation.
The Defense Base Act (DBA) is a federal law that provides compensation and medical benefits to civilian contractors working on U.S. military bases or under U.S. government contracts overseas, such as in Iraq, Syria, Somalia, and anywhere else in the world.
If a contractor sustains an injury while working under such a contract, the DBA ensures they receive appropriate compensation for lost wages and medical care. A critical question for injured workers is: How soon should they expect compensation after an injury that prevents them from returning to work?
Timeline for Compensation
Under the Defense Base Act, the process for receiving DBA compensation is generally as follows:
1. Immediate Reporting of Injury: The injured contractor should report the injury to his or her employer as soon as possible. This is crucial because compensation timelines are often dependent on how quickly the injury is reported. The injured worker typically has up to 30 days to notify their employer, but it’s best to do so immediately to expedite the process. The notifications should be in writing.
2. Employer’s Report to the DBA Insurance Carrier: After the injury is reported, the employer must notify their insurance carrier, who then files a claim with the U.S. Department of Labor (DOL). This report should be completed promptly, ideally within 10 days of the injury. The sooner this happens, the sooner the compensation process can begin.
3. Initial DBA Compensation Payment: According to the DBA, compensation payments should commence no later than 14 days after the employer receives notice of the injury. If the injured worker is unable to return to work due to the injury, they should expect to receive their first payment within this 14-day window. The payment will cover the period starting from the day after the injury.
4. Ongoing DBA Compensation: Following the initial DBA payment, ongoing DBA compensation payments are typically made on a bi-weekly basis by the DBA insurance carrier.
Delays and Disputes
There are circumstances where delays can occur:
– Disputes Over the Claim: If there is a dispute regarding the validity of the claim, the DBA insurance carrier might delay compensation. Common reasons for disputes include questions about whether the injury is work-related or if it was pre-existing.
– Incomplete or Inaccurate Documentation: Errors or omissions in the paperwork submitted by the employer or employee can also cause delays. This is why it is critical to talk to a DBA lawyer as soon as possible after the injury and even better to talk to a DBA lawyer before leaving for home for medical care.
– Request for Additional Medical Evaluations: If the DBA insurance carrier requires more information, such as additional medical evaluations, this can also delay the process.
What to Do If Compensation Is Delayed
If compensation is not received within the 14-day period or there are disputes, the injured worker has several options:
– Contact the Insurance DBA Carrier: Reach out directly to the insurance carrier for an explanation of the delay. A few of the DBA insurance carriers and third-party administrators include AIG, Starr Indemnity, ESIS, CNA, Allied World, Gallager Bassett, and Broadspire.
– File a Complaint with the Department of Labor: If there is no satisfactory response from the insurance carrier, the injured worker can file a complaint with the Department of Labor’s Office of Workers’ Compensation Programs (OWCP).
– Seek Legal Assistance: Speaking with an attorney at a DBA law firm right away after an injury is the best advice. Many helpful tasks should be completed before leaving for home after an injury.
Conclusion
Under the Defense Base Act, injured workers should receive their initial compensation within 14 days after the employer receives notice of the injury. However, delays can occur due to disputes, incomplete documentation, or additional evaluations. Injured workers should act promptly by reporting their injuries, following up with DBA insurance carriers, and seeking legal assistance to ensure timely compensation. Ensuring proper and timely payment is important and oftentimes workers do not know they have not been timely paid or at the right amount until much later. It is important that you speak with a DBA lawyer early and not right before insurance companies discuss settlement or DBA mediation.
DBA Attorney
For more information on the timing of DBA compensation, how soon should compensation be received under the DBA, recorded statements under the DBA, Defense Base Act mediations, medical care under the Defense Base Act, settlement of DBA claims, surveillance by DBA insurance companies, or any other questions relating to the Defense Base Act, call our DBA attorney, Tim Nies for free legal advice at 772-283-8712. The best time to speak with a DBA lawyer is as soon as possible after the injury and preferably before leaving for home for medical care.