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Defense Base Act Statute of Limitations - A Huge Exception - You May Still Be Able To Get Big Money

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"When I seek professional advice, I don’t want B.S.  I want it straight up, with no double talk. I figure you do also. I always use plain English, with no B.S. lawyer talk, and no double talk."  Defense Base Act Lawyer Straight Talk - Bill Turley

Defense Base Act Lawyer DBA Attorney

The First Step

When handling your DBA case, nothing matters more then 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.

The Next Step

I strongly suggest you order a free copy of my book, Win Your Defense Base Act Case. I will send you the book for free and cover shipping. It is a guide to only help you succeed in your case.

The book has plenty of great 5 Star reviews on Amazon, written by folks like you who wanted to research their caseTrust me. My only goal here is to make sure honest hard working folks like you, do not get ripped off by these companies.

Also you can check out my podcast at DBAradio.com where i cover important DBA issues.

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Call us today at (619) 234-2833 or you can fill out the contact form on this web page.

Defense Base Act Statute of Limitations - A Huge Mack Truck Size Exception

In many instances, DBA workers may be able to file a claim long after the Defense Base Act Statute of Limitations has run. Here is how.

Under the Defense Base Act in a case involving a traumatic injury, you must file a claim within one year of the date you were aware, or in the exercise of reasonable diligence, should have been aware, of the relationship between the employment and the injury. The statute of limitations begins to run only after you are aware or reasonably should have been aware of the full character, extent, and impact of the work-related injury.

This inquiry encompasses your awareness that you sustained a permanent work-related injury that causes a loss in earning capacity. In the absence of substantial evidence to the contrary, it is presumed, that the claim was timely filed.

In order to rebut this Section 20(b) presumption, the Defense Base Act insurance company  must establish that it complied with the requirements of Section 30(a) of the Act.  Meaning, the DBA insurance company must prove that it filed a LS-202 (Employer's First Report of Injury).

Where your DBA employer and/or DBA insurance company has been given notice or has knowledge of your  injury and fails to file a  LS-202 (Employer's First Report of Injury), the statute of limitations does not begin to run until such report has been filed.

This does not require that an your DBA employer and/or DBA insurance company have definite knowledge that your injury is covered by the Act.

However, your DBA employer and/or DBA insurance company must have notice or knowledge of the injury and its work-relatedness; your DBA employer and/or DBA insurance company may overcome the presumption of timeliness by providing substantial evidence that it never gained knowledge or received notice of your injury.

What does all this mean in real world terms?

If you your supervisor knows you were injured and the DBA insurance company doesn’t file a LS-202 (Employer's First Report of Injury) your statute of limitations will never run. Meaning, you can file your claim ten - twenty years after our injury and still get Defense Base Act benefits.

Here is my take, DBA employers simply don’t file LS-202 (Employer's First Report of Injury) when they know of a workers injury. I think they don’t file the form because they don’t know they are supposed to or they think that filing the form will raise their DBA insurance premiums. Either way, it falls under the tough luck Chuck Rule.  

So, even if you never filed a claim and you suffered a traumatic injury (as opposed to a cumulative trauma or occupational disease); you can probably file a claim for benefits long after the one year statute of limitations has run.  I am not suggesting you should wait to file your DBA claims - just that if you have waited, don’t give up.  You may still be entitled to a lot of money. Seriously.

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

1 Comments:
Great article. Thanks for the info, it’s easy to understand. BTW, if anyone needs to fill out an LS 202, I found a blank form here.
Posted by katherine on February 24, 2015 at 09:31 PM

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