"If the writing is honest it cannot be separated from the man who wrote it." - Tennessee Williams
What is Statute of Limitations, and Are There Any Exceptions?
A statute of limitations is a deadline of when you can file your Defense Base Act claim. There are two statutes of limitations that you should be aware of, each is listed below.
Statute of Limitations Exception No. 1
When your employer or carrier has notice or knowledge of your injury and fails to file the injury report , the time period does not begin to run.
Stated, differently, If you were injured and you reported the injury to your employer and your employer failed to report your injury to the Department of Labor, you may fall under an exception. Meaning, your case is still alive, so to speak. This happens more than you might think.
SOL Exception No. 2
Another example, is if you are injured and your injury doesn’t cause a disability until years later, you may fall under an exception. Meaning, your case is still alive, so to speak. Again, this happens more than you might think.
What is a Claim?
Remember, your claim has to filed with the U.S. Department of Labor and copied on your employer. This usually means filing a LS-203. But it doesn’t have to be an official LS-203. Although the LS-203 is the official form for filing a claim for compensation, a “claim” need not be on a particular form in order to satisfy the law’s requirements. Any writing will suffice as long as it discloses an intention to assert a right to compensation. Here, in this article, we discuss the Statute or Limitations. Click here for the rest of this article on Defense Base Act Statute of Limitations.
Pay Close Attention to Details When Applying for DBA Benefits
“You must proceed carefully when applying for DBA benefits. One mistake in a doctor's record or a missing form can make the difference between immediate benefits or months, possibly years of delay. You will encounter a bureaucratic morass. All the different hoops you need to jump through to get Defense Base Act benefits can be intimidating. Having a seasoned DBA lawyer gives you a big advantage. I reccomend that you grab a copy of my book Win Your Defense Base Act Case, it will provide you with indepth information about the statute of limitations on pages 66-71. You can get a free copy of the book shipped to you in the mail by clicking the above link and filling out your information.
I Believe in No Lawyer B.S.
I always say informed clients are better clients. Some lawyers treat their clients like mushrooms. That is, feed them B.S. and keep them in the dark. These Defense Base Act lawyers tend to think that if they tell clients what is really going on in their Defense Base Act cases that the clients will think they don’t need a DBA lawyer.
Probably more like it is that the client will think they don’t need THIS Defense Base Act lawyer. I take the opposite approach - I put it all on the table and try and let our clients know exactly what is going on in their cases, exactly what is up with the DBA law, exactly what is going on with the DBA system. In other words, the facts of life - with no B.S. added.
My best advice
My best advice to you is for you to always tell the truth. Always. When bringing a court case, nothing is more important than your credibility. Nothing else is even close. The DBA insurance company lawyer is going to try and make you look like you are lying. If this happens, the Judge will rule against you and you will lose. Bank on it. I know I do.
My second best advice
Which brings me to my second best advice. The problem is that in many instances folks get caught in traps left for them by the DBA insurance company. In other words, they don’t know that they are messing up their case. Happens all the time. Well meaning honest folks get caught in one of the DBA insurance company traps.
Which is why I strongly suggest that you read my free book - Win Your Defense Base Act Case. You don’t have to believe what I say about it - the book has dozens of 5 Star reviews on Amazon.com.
Win Your Defense Base Act Case is the best investment you are going to make. You can order it free here on this website or you can pay for it by ordering it from Amazon.com.
Need help right now?
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