“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S lawyer talk, and no double talk- just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley
Defense Base Act Back Injuries, Neck Injuries, Spine Injury and Cumulative Trauma / Repetitive Trauma Claims
Some of the most common injuries to Defense Base Act workers are back, neck and spine injuries. Often times DBA workers will have one traumatic event which causes a back injury, neck injury or spinal injury.
If the spinal injury is catastrophic such that it causes a severing of the spinal cord and paraplegia or quadriplegia then the claims process is fairly straight forward. However, the attendant care issues and medical care issues are certainly extremely important to the injured worker and their family.
When handling your DBA case, nothing matters more then telling the honest truth. Nothing. You must be straight forward and honest about your case. I have seen many instances where a client will sugar coat their injury and the courts throw out the case. Why? All because they were not honest from the get go.
The DBA insurance company is not on your side. They have traps laying around for you to fall in. And bet on it, if you do not follow the proper steps with your DBA case, you will fall right in.
Remember the DBA insurance company is not your friend. I strongly suggest you order a free copy of my book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. The book has plenty of great reviews on Amazon, and it is a guide to only help you succeed in your case.
Trust me. My only goal here is meant to help honest hard working folks like you succeed in winning your DBA case.
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Beware of The Insurance Company Doctor They Will Try to Send You to
However, whether your Defense Base Act injury is catastrophic or whether you need spinal surgery or whether you have a bulging disc, you need to understand how your case is probably going to go down. In most cases, you can expect the Defense Base Act insurance carrier to send you to an insurance company doctor that is going to try and prove that your back injury isn’t related to your DBA employment.
Be Sure to Have a Cumulative Trauma Claim Filed if You Have Repetitive Trauma
Another favorite contention is for the DBA doctor to say that your back injury, neck injury and spinal injury was caused by degenerative conditions. The problem here is that if the Judge agrees with the DBA doctor at trial and you don’t have what is called a “cumulative trauma” claim filed, then the Judge can agree with the defense doctor and you will have lost your case at trial because you failed to provide “notice” to the DBA insurance company. Of course, that would suck.
The, problem here is that the defense doctor may not say that your back injury, neck injury and spinal injury was caused by degenerative conditions until a few months before your trial. Thus, you will then need to remand your case back to the Department of Labor in order to get Recommendations issued addressing the cumulative trauma claim.
So, what I suggest is that you play defense early. Your insurance policy, so to speak, is to file a cumulative trauma case for your back injury, neck injury and spinal injury before your informal conference and/or before your case is referred to the Office of Administrative Law Judges.
I never said that this was going to be fair. I just call it the way I see it. But your “cost” for this insurance is relatively cheap. All you have to do is file a second cumulative trauma claim for your back, neck, spine. If you are looking for more infromation about cumulative trauama you can read more about it in my book Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap to The Medical Treatment and Money You and Your Family Deserve, page 56 has info on this topic.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.