What a Defense Base Act Lawyer Does

What a Defense Base Act Lawyer Does

When you are injured while working overseas as a contractor, the process of filing a Defense Base Act (DBA) claim can feel overwhelming. The DBA is a federal law that extends workers’ compensation benefits to civilian employees working on U.S. military bases, under government contracts abroad, or in public works projects for the U.S. outside of the country. While these DBA benefits exist to protect injured workers and their families, obtaining them is rarely straightforward. That is where a Defense Base Act lawyer comes in, and this article discusses what a DBA lawyer does.

Guiding You Through a Complex DBA System

A DBA lawyer’s role is to guide injured contractors through the highly technical claims process. DBA insurance carriers and their defense attorneys are well-versed in finding ways to limit or deny DBA claims. Without representation, claimants often face delays, denials, or DBA settlements far below what the law entitles them to. An experienced DBA attorney knows the law, the procedures, and the strategies carriers use, and ensures that your rights are fully protected. Further, DBA lawyers advise clients on DBA compensation (TTD, TPD, etc) injured contractors on the tactics and tools used by DBA insurance carriers, such as surveillance, IMEs, recorded statements, depositions, etc.

Establishing Coverage and Entitlement under the Defense Base Act

One of the first steps in a DBA claim is proving coverage. Not all overseas work falls under the DBA, and Defense Base Act insurers may dispute whether the law applies to your case. A DBA attorney works to establish that your employment falls within the Act, and that your injury or illness arose out of and in the course of employment. This often involves gathering employment contracts, deployment orders, and medical records, and building a clear record that supports coverage.

Securing Medical Treatment and Benefits under the Defense Base Act

The DBA provides two primary categories of benefits: medical care and wage replacement. DBA insurance carriers sometimes delay or deny authorizations for medical treatment, leaving injured workers in pain or without proper care. A DBA lawyer fights to make sure you receive necessary treatment, from specialists such as neurosurgeons and orthopaedic spine surgeons in back injury claims, to surgeries, and that those costs are covered.

When it comes to wage loss, calculating your “average weekly wage” (AWW) is a critical issue. Under the Defense Base Act (DBA), an injured worker’s Average Weekly Wage (AWW) is generally calculated by looking at the contractor’s gross earnings in the 52 weeks before the injury, including base pay, overseas uplifts, hazard pay, and certain allowances. The total is divided by 52 weeks to determine the weekly average. If the worker was employed for less than a year before the injury or had irregular earnings, the law allows for alternative methods to fairly reflect the claimant’s pre-injury earning capacity. The AWW is important because it directly determines the amount of weekly compensation benefits payable under the DBA.

Preparing for Litigation and DBA Settlement Negotiation

If the DBA insurer disputes your claim, a DBA lawyer is prepared to litigate. This involves presenting your case before the Office of Administrative Law Judges (OALJ). At the same time, many cases resolve through settlement, typically at DBA mediations. Prior to a DBA mediation, a DBA lawyer gathers medical and wage evidence, explains the process in plain terms, and negotiates directly with the insurance company. It is important to meet with your DBA lawyer in person prior to the mediation.

Advocating for Families

The DBA also provides death benefits for the families of workers killed while employed overseas. A DBA lawyer helps surviving spouses and dependents file claims, prove entitlement, and secure the compensation they deserve during a difficult time.

Why Having a DBA Lawyer Matters

At its core, a Defense Base Act lawyer levels the playing field. Defense Base Act insurance carriers (such as AIG Allied World, ESIS, Starr Indemnity, and others) have vast resources and DBA defense counsel working against your claim. With a knowledgeable and determined DBA lawyer on your side, you gain an advocate who knows the DBA law, understands the system, and is committed to protecting you and your family’s future. A skilled DBA lawyer helps cut through the confusion, explains the process in plain language to his or her injured clients, and guides injured workers step by step so they understand their rights.

DBA Attorney Fees

Unlike many other types of attorneys, DBA lawyers representing injured claimants are paid on a fee-shifting basis, meaning clients do not pay out-of-pocket for legal services. Under the Defense Base Act and the Longshore and Harbor Workers’ Compensation Act, if the lawyer is successful in securing benefits or a settlement, the DBA insurance company may be ordered to pay the attorney’s fees directly. In settlement situations, the attorney’s fee must be approved by the Department of Labor or an administrative law judge. This structure allows injured workers to obtain experienced DBA legal representation without the worry of hourly fees or upfront costs.

As a Defense Base Act lawyer and proud U.S. Army Ranger Veteran (3rd Ranger Battalion), I understand the unique challenges overseas contractors face when injuries change their lives. My military career ended, in fact, due to injuries sustained on a parachute jump. My mission is to level the playing field and fight for the benefits you deserve under the DBA and to have your six. Consultations are always free, and I personally represent injured contractors throughout their DBA claims. If you or a loved one has been hurt while working overseas, know that you don’t have to navigate this process alone. I’m here to help. Call me for free at 772-283-8712 or contact me here. In sum, to answer the question what a defense base act lawyer does, the answer is to be a serious advocate for his clients and answer every question throughout the DBA process.

Tim Nies, DBA Attorney and Army Ranger Veteran

Van Riper and Nies Attorneys, 900 SE Ocean Blvd, Ste. 140-E, Stuart, FL 34994. 772-283-8712